Prescription Drug DUI Lawyer

Representing Individuals in Orange County Accused of Driving Under the Influence of a Prescription Drug

Not all DUI charges involve alcohol. It is illegal in California to drive under the influence of any drug, even a medication that has been legally prescribed for your use.

Contact us today for a free consultation by calling (844) 241-1221. Our Orange County prescription drug DUI attorney is here to help!

In a prescription drug DUI accusation, driving “under the influence” means driving while the ability to drive safely has been impaired by the use of prescription drugs. That is a difficult charge for prosecutors to prove. Seasoned criminal defense attorneys who know how to defend prescription drug DUI accusations make it even more difficult for prosecutors to win convictions.

Randy Collins has been recognized as a top criminal defense attorney in Orange County. His years of experience defending DUI arrests and drug charges makes him well qualified to challenge prescription drug DUI accusations.

To learn how The Law Offices of Randy Collins can assist you with a prescription drug DUI charge anywhere in Orange County, make an appointment at one of the law firm’s convenient offices in Newport Beach, Santa Ana, Fullerton, and Riverside.

California’s Prescription Drug DUI Law

Prosecutors have a weapon they can wield to prove DUI charges involving alcohol that is not available when the DUI accusation involves prescription drugs. California’s “per se” law makes it illegal to drive with a blood alcohol concentration of 0.08 or higher. That law relieves prosecutors of the burden of proving that a driver was “under the influence” of alcohol.

No similar “per se” law applies to prescription drugs in California. Prosecutors who were interviewed by researchers for the California Department of Motor Vehicles admitted that “it is difficult to convict for drugs-only DUI primarily because there are no scientifically based per-se impairment levels established for prescription drugs in California.”

California juries are told that a driver is under the influence if “his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.” Prosecutors must therefore prove impairment to obtain a prescription drug DUI conviction. It is not necessary, however, to prove that the driver took more than the prescribed amount of the drug or was using the drug illegally. When a prescription drug label warns against driving after consuming the drug, that drug probably creates a risk of causing impairment even if the driver has taken the dose that the doctor prescribed.

Proof Of Prescription Drug DUI

Prosecutors can use blood tests to establish that the driver was using a prescription drug, but only if the test was legally obtained. Challenges to the legality of a traffic stop, an arrest based on field sobriety tests, and the extraction of a driver’s blood are powerful tools in the arsenal of a prescription drug DUI defense lawyer. Cases are usually dismissed when those challenges succeed.

Prosecutors can also use a driver’s admissions to prove that the driver consumed a prescription drug, assuming that those admissions were legally obtained. That is why drivers should never answer any questions about drug consumption that they are asked during a traffic stop.

Proving that a driver used a prescription drug is only half the prosecutor’s battle. The other half is proving that the driver was under the influence of that drug. Prosecutors often try to demonstrate that a driver’s balance or reaction time was impaired by introducing evidence of poor performance on field sobriety tests. A careful cross-examination of the arresting officer often reveals that the officer did not conduct the test or record the results correctly.

In any event, the act of driving does not involve standing on one leg or walking heel-to-toe. A skilled prescription drug DUI defense attorney can persuade juries that field sobriety tests do not establish whether a driver can drive safely.

Prosecutors also rely on evidence of bad driving, which is usually their strongest proof of impaired driving ability. Vigorous attacks upon that evidence typically establish that the driving was not as bad as the arresting officer claimed. Since there are usually innocent explanations (such as distraction that is unrelated to prescription drug use) for swerving, running a red light, or involvement in an accident, a skilled prescription drug DUI defense lawyer can often establish reasonable doubt that leads to a verdict of “not guilty.”

Effective Defense Of Prescription Drug DUI Accusations

Randy Collins knows that any DUI conviction has serious consequences. Those consequences could include incarceration, loss of driving privileges, and for some people, loss of employment. The effective defense of a prescription drug DUI accusation can help you minimize or avoid those consequences.

The Law Offices of Randy Collins provides skilled, aggressive, and experienced representation in prescription drug DUI cases. To make an appointment to discuss your case, call The Law Offices of Randy Collins at (844) 241-1221.

Frequently Asked Questions

Can I be charged with a DUI if I was taking my medication exactly as prescribed?

Yes. California law focuses on whether your ability to operate a vehicle was impaired, not whether you had a valid prescription. Even when medication is taken according to a doctor's instructions, prosecutors may file DUI charges if they believe the drug affected your ability to drive safely.

What types of prescription medications can lead to a DUI charge?

Many prescription medications have the potential to impair driving, including opioid pain relievers, anti-anxiety medications, sleep aids, muscle relaxers, certain antidepressants, and some medications used to treat seizures or other neurological conditions. The specific medication involved is only one factor considered during a DUI investigation.

Will I lose my driver's license after a prescription drug DUI arrest?

A prescription drug DUI conviction may result in driver's license consequences, including a suspension or other restrictions. The outcome depends on the facts of the case, any prior DUI history, and the administrative and criminal proceedings that follow the arrest.

Can I refuse a blood test in a prescription drug DUI investigation?

California's implied consent laws generally require drivers who are lawfully arrested for DUI to submit to chemical testing. Refusing a required test may result in additional penalties and could affect your driving privileges. An attorney can evaluate whether the testing procedures complied with the law.

Can medical records become part of a prescription drug DUI case?

Potentially. Prescription records, pharmacy information, or medical documentation may become relevant if they relate to the medications allegedly involved in the case. An experienced defense attorney can evaluate how that evidence was obtained and whether it is admissible in court.

Are field sobriety tests reliable for detecting prescription drug impairment?

Field sobriety tests are designed to assess coordination, balance, and other physical abilities, but they are not specifically designed to identify impairment from every prescription medication. Fatigue, medical conditions, injuries, age, and other factors may also affect a person's performance, making these tests subject to challenge.

Can a prescription drug DUI be reduced or dismissed?

Every case is different, but there are situations where charges may be reduced or dismissed. Weak evidence of impairment, unlawful traffic stops, improperly administered chemical tests, or violations of a driver's constitutional rights may all provide opportunities to challenge the prosecution's case.

Why should I hire a lawyer after being arrested for a prescription drug DUI?

Prescription drug DUI cases often involve complex medical and scientific evidence that differs from alcohol-related DUI prosecutions. An experienced defense attorney can examine the legality of the stop, review blood test procedures, challenge the evidence of impairment, and develop a strategy designed to protect your rights and pursue the best possible outcome.