Drivers are expected to operate their vehicles safely and attentively. Most people recognize that it’s against the law to drive while under the influence of alcohol, which can result in a DUI charge if an officer finds that the driver’s blood-alcohol concentration (BAC) level exceeds the legal limit of 0.08 percent in California. However, it’s important to understand that California’s DUI laws also apply to drivers who are behind the wheel while under the influence of controlled substances—even prescription medications, in some cases. Essentially, if any drug or substance is detected in your system that could impair your ability to drive like a sober person would, you could face criminal charges. Driving under the influence of drugs (DUID) charges can lead to serious consequences with long-term ramifications. While driving under the influence of medication is usually considered a misdemeanor offense, there are still significant penalties for those convicted of a DUI or DUID offense. With so much on the line, it’s essential that you contact a highly-qualified and trusted Palmdale DUI attorney right away to discuss your legal rights and defensive strategies.
With over 35 years of experience, certified criminal law specialist David M. Wallin and his team of skilled and dedicated criminal defense lawyers are ready to help you keep your future as bright as possible. At the Law Offices of David M. Wallin, our team of four excellent attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, is ready to provide you with the top-tier legal defense you need during this challenging time. We offer FREE CONSULTATIONS and PAYMENT PLANS, so please get in touch with our office as soon as possible to start preparing your legal defense strategy. This post will explore how California DUI offenses involving medication or prescription drugs typically unfold and some of the defense strategies you can use to keep your future as bright and secure as possible.
California’s Laws About DUI Prescription Drugs
In California, it is against the law to drive a vehicle while under the influence of alcohol, drugs, or prescription medications that affect your ability to drive safely. California Vehicle Code 23152(f) VC states, “It is unlawful for a person who is under the influence of any drug to drive a vehicle.” In other words, drivers can be considered as “under the influence” when they cannot drive like a sober driver under similar circumstances because of a drug (whether illegal, prescription, or over-the-counter) or due to the combination of a drug and alcohol. Most DUID cases are charged as misdemeanor crimes, but some factors may elevate the charges to felony-level crimes. For instance, if the incident is a fourth or subsequent DUI offense or the defendant has one previous felony DUI conviction on their record, they will likely face a felony charge. Or, if the DUID incident caused an injury to a third party, prosecutors may seek a felony charge. Regardless of the specific circumstances of your case, it’s worth enlisting the guidance of an experienced and trusted Palmdale DUI attorney to maximize your chances of securing a fair and just outcome.
Common Prescription Medications That Can Impair Driving
Any medication that affects a person’s alertness, awareness, or response times can impair their ability to drive a vehicle safely. Several prescription and over-the-counter medications can make you drowsy, light-headed, or slower to react to potential hazards, such as medications used to treat anxiety, painkillers, and sleeping pills. Before you climb behind the wheel, it’s important to read the warning labels on the medication bottles as well as to follow the advice of your doctor to ensure that you understand the potential side-effects of taking these medications.
How Law Enforcement Determines Impairment in Palmdale and Lancaster
It’s important to understand how DUI and DUID arrests typically happen in Southern California. In many cases, these incidents begin with a traffic stop. For example, if a car does not observe the posted speed limit or drives through a red light, the officer can pull the vehicle over and ask the driver about their drinking or drug use. While someone’s blood-alcohol concentration (BAC) can be measured using a breathalyzer, it can be harder to measure the presence of drugs in a driver’s system. If the driver’s BAC is below the legal limit and the officer still believes that the driver is intoxicated, they may call a drug recognition expert (DRE) to arrive at the scene and evaluate the driver. When the DRE arrives, they will take over the DUI investigation and conduct a 12-step evaluation to determine the driver’s level of impairment. However, it’s essential to recognize that you have legal rights during a DRE investigation, such as the right to invoke your Fifth Amendment right to remain silent to avoid self-incrimination. Additionally, you can exercise your right to an attorney so that you can better understand and evaluate your legal options.
Defensive Strategies in Prescription Drug DUI Cases
If you are facing DUID charges in Palmdale or Lancaster, contact a knowledgeable and experienced DUI defense attorney right away to start preparing a successful legal defense strategy. Together, you and your attorney can assess the details of your case to identify the most strategic course of action aimed at keeping your future bright. There are various prescription medication DUI defense strategies you could use, such as challenging the field sobriety test results, using expert witnesses to dispute claims of impairment, demonstrating that you were using the medication lawfully and according to your doctor’s directions, and other defense strategies. In the face of a DUID charge, it’s common to ask yourself, “Who is the best DUI lawyer near me?” Get in touch with the Law Offices of David M. Wallin as soon as possible to discuss your concerns with a certified criminal law specialist and FORMER DEPUTY DISTRICT ATTORNEY who will work hard to defend your rights at every opportunity.
Facing a first-time or repeated DUI charge in Palmdale, Lancaster, or Los Angeles County can be an overwhelming and stressful experience. At the Law Offices of David M. Wallin, our team of four excellent attorneys, including TWO FORMER DEPUTY DISTRICT ATTORNEYS, is ready to provide you with the top-tier legal defense you need during this challenging time. With over 35 years of experience, certified criminal law specialist David M. Wallin and his team of exceptional criminal defense lawyers are ready to help you keep your future as bright as possible. Call our office today at (661) 267-1313 for a FREE CONSULTATION wish us. PAYMENT PLANS OFFERED!
