San Diego Attorney for Prescription Drug DUIs

Driving under the influence of prescribed medication, even with a valid prescription, can result in a DUI conviction if the drug is believed to have impaired your ability to drive safely. While you are allowed to drive after taking medication, certain prescriptions are known to cause problems. If your driving is impaired because of these prescription drugs, then you may be arrested for a DUI.

The state also recognizes that medication, especially with certain mixes, can result in unforeseen side effects. However, it typically takes an experienced attorney to prove that you did not, and could not, have known that the prescription drugs would have such a strong effect.

Prescription Drug DUI Defense Attorney in San Diego

If you have been charged with a DUI after taking prescription medication, you need to contact an experienced DUI attorney immediately. A strong attorney can show law enforcement that you were not at fault for the accident you may have been involved in.

Attorney Michael Cindrich has decades of experience in criminal court. He has protected clients accused of DUIs for decades, and is ready to build your prescription drug DUI case. The Law Offices of Michael E. Cindrich serve San Diego County, including the cities of Chula Vista, Oceanside, Escondido, Carlsbad, El Cajon, and San Diego proper.

Contact the Law Offices of Michael E. Cindrich today for a free, confidential consultation at (619) 262-2500.

Overview of Prescription Drug DUIs in California

Prescription Drug DUI under California Law
DUI for Using Prescription Drugs
How Police Test for Prescription Drug Impairment
Penalties for Prescription Drug DUI in California
Additional Resources
Hire an Attorney for Prescription Drug DUI in San Diego

Prescription Drug DUI under California Law

Under California law, driving under the influence (DUI) includes more than just alcohol. Vehicle Code Section 23152(f) makes it illegal to operate a vehicle while under the influence of any drug, including prescription medication, if it impairs a person’s ability to drive safely.

DUI for Using Prescription Drugs

A person can be charged with DUI in California even if they are using prescription drugs legally. A valid prescription does not necessarily serve as a defense to a DUI charge under Vehicle Code Section 23152(f), and falls under the overall drug DUI section of California stature.

Many prescription drugs come with warnings about potential side effects that can affect driving, such as dizziness, drowsiness, or slowed reaction times. Certain prescription drugs are more commonly associated with DUI charges due to their potential to impair driving ability. Even when taken as directed, these medications can cause side effects that significantly affect motor skills, judgment, and reaction time. Under Vehicle Code Section 23152(f), impairment caused by any drug—prescription or otherwise—can lead to a DUI charge.

The following are common types of prescription drugs involved in DUI cases:

Opioids
Opioid painkillers, such as OxyContin, Vicodin, Percocet, and morphine, are frequently linked to DUI charges. These medications can cause drowsiness, dizziness, and confusion, impairing the ability to concentrate and respond to road hazards. Combining opioids with alcohol or other substances can exacerbate these effects.

Benzodiazepines
Anti-anxiety medications like Xanax, Valium, and Ativan are classified as benzodiazepines. These drugs can cause sedation, slowed reaction times, and difficulty focusing, all of which increase the risk of impaired driving. Long-term users may develop tolerance, but this does not eliminate impairment risks.

Sleep Aids
Medications such as Ambien, Lunesta, and Restoril are designed to help users fall asleep but can leave lingering sedative effects the next day, often referred to as a “hangover effect.” Drivers may experience reduced alertness and impaired motor coordination.

Antidepressants
Some antidepressants, particularly older classes like tricyclic antidepressants (e.g., Elavil) or even newer ones such as SSRIs (e.g., Zoloft, Prozac), can cause dizziness, fatigue, or blurred vision. While these side effects are generally mild, they can impact driving in certain individuals.

Muscle Relaxants
Medications like Soma (carisoprodol) and Flexeril (cyclobenzaprine) are prescribed for muscle spasms and pain but often cause drowsiness and reduced alertness, making driving hazardous.

ADHD Medications
Stimulants like Adderall, Ritalin, and Vyvanse, often prescribed for ADHD, can impair driving if taken in excessive doses. While these medications are intended to enhance focus, misuse or overuse can result in erratic driving behavior.

Antihistamines and Allergy Medications
Some over-the-counter and prescription antihistamines (e.g., Benadryl, Claritin-D) cause drowsiness, dry mouth, and slowed reaction times, even if labeled as “non-drowsy.” Combining them with other medications can intensify their sedative effects.

How Police Test for Prescription Drug Impairment

In prescription drug DUI cases, law enforcement uses a combination of tests and observations to determine impairment. Unlike alcohol-related DUIs, where blood alcohol concentration (BAC) can be measured with a breath test, identifying prescription drug impairment is more complex and typically requires a blood test.

Chemical tests, such as blood or urine tests, are used to detect the presence of prescription drugs. Under California’s Implied Consent Law (Vehicle Code Section 23612), drivers lawfully arrested for DUI must submit to a chemical test. Blood tests are preferred for prescription drug DUIs because they can measure the specific drug levels in the bloodstream. However, these results are not always definitive, as there is no established “legal limit” for prescription drugs like there is for alcohol.

Where many drivers go wrong is to admit to using prescription drugs and to take a field sobriety test. You are not required to take a field sobriety test, and you should not answer any questions regarding prescription drug use by the police.

Penalties for Prescription Drug DUI in California

A first-time conviction for a prescription drug DUI in California can result in up to six months in county jail and fines ranging from $390 to $1,000. However, most cases are resolved without jail time.

Additionally, the Department of Motor Vehicles (DMV) may impose a six-month license suspension.

The court tends to be more lenient if no one was injured and you could not know the effect the prescription drugs could have on you. If you are taking your prescriptions correctly and they do not mention not to drive, your attorney can usually use these facts to reduce the charges you face or get the case dismissed entirely.

Additional Resources

Prescription Drug Abuse – The San Diego County Sheriff’s Office provides information on prescription drug abuse, including common drugs of abuse like OxyContin, Vicodin, and Adderall. The site discusses prevention, enforcement, and treatment strategies, highlighting efforts by the Prescription Drug Abuse Task Force. It also shares resources for education and drop-box locations for unused medication to combat prescription drug misuse in the community.

Narcotic and Gang Division – The San Diego County Sheriff’s Narcotic and Gang Division addresses criminal activity, including narcotics trafficking, gang-related offenses, human trafficking, and fugitive apprehension. The page outlines task force collaborations with local, state, and federal agencies, including gang investigations, narcotics interdiction, and border crime suppression.

Thanksgiving DUI Patrols – This page from the San Diego County Sheriff’s Office highlights increased DUI patrols during Thanksgiving. It informs readers about enforcement actions to prevent impaired driving and offers safety tips like designating sober drivers and using rideshare services. The resource also emphasizes the high cost of DUI convictions and provides information about reporting impaired drivers to authorities.

Hire an Attorney for Prescription Drug DUI in San Diego County, CA