Taking medication prescribed by your doctor does not automatically make it safe to drive. In California, you can face a driving under the influence (DUI) charge if a prescription drug affects your ability to operate a vehicle safely. The law applies even when you took the medication exactly as your doctor prescribed it.
This can come as a surprise if you have a valid prescription and have taken the medication before. However, California focuses on how the drug affects your driving rather than whether you obtained it legally.
When can prescription medication lead to a DUI?
California law prohibits driving under the influence of a drug when the drug affects your ability to drive safely. Prescription medications can fall under this rule, including drugs that may cause drowsiness, dizziness or slower reactions.
For example, medications used for pain, anxiety, sleep problems or other conditions may affect coordination or alertness. Taking a prescription does not automatically establish a DUI, though. The circumstances of the case matter, including the evidence of impairment.
Evidence in a prescription drug DUI case may include:
- Officer’s observations of your driving and behavior
- Field sobriety test results
- Blood or urine test results
- Testimony from a drug recognition evaluator
- Information about the medication and its effects
Because a drug test can show that a substance was present, additional evidence may be needed to connect the substance to impairment while driving.
Reviewing the prescription, dosage, timing and test results with legal counsel can help identify whether the evidence actually supports the claimed impairment.
What happens after a prescription drug DUI arrest?
A prescription drug DUI can affect more than your criminal case. Your driving privileges may also become an issue. California DMV states that DUI-related license actions can operate separately from penalties imposed by a criminal court.
If you are arrested, requesting a DMV hearing within 10 days of receiving the suspension or revocation order may give you an opportunity to challenge the administrative action.
A prescription is not a free pass
A valid prescription does not prevent a DUI charge when medication affects your ability to drive safely. At the same time, the presence of medication in your system does not by itself explain everything that happened. Looking closely at the driving, testing and medical evidence can help clarify what the case actually shows.