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Prescription medications are meant to improve your health, but they can also lead to serious criminal charges if they impair your ability to drive safely. Many drivers are surprised to learn that you can be arrested for DUI even when taking legal prescription drugs. Continue reading for more information and work with an experienced Tehama County drug DUI lawyer during your case.
Yes, the use of prescription drugs can lead to a DUI charge in California. Under California Vehicle Code § 23152(f), it is illegal for any person who is under the influence of any drug to drive a vehicle. This law makes no distinction between illegal drugs and legally prescribed medications. If a prescription drug impairs your brain, nervous system, or muscles to the extent that you cannot drive with the abilities and caution of a sober person, you can be charged with a DUI offense.
Any prescription medication that has a warning about operating heavy machinery or driving can potentially lead to a DUI charge if it impairs your ability to drive. The most common medications that lead to DUI charges include:
The relevant factor is the effect the drug has on your driving, not the drug itself. Even medications considered generally safe can lead to impairment if misused or if they interact with other substances, including alcohol. If you are using any of the above prescription drugs and they cause impairment, you can be charged with driving under the influence.
No, having a valid prescription for a medication is not a defense against a DUI charge in California. The law focuses on whether the driver’s ability to operate a vehicle was impaired by the drug, regardless of its legality or whether it was medically prescribed. A doctor’s authorization gives you the right to possess the drug, but it does not give you the right to drive under its influence if it affects your ability to drive as safely. This is often the most surprising thing for drivers facing these charges. The prosecution’s case rests on proving impairment, not on proving illegal possession.
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