Many people associate DUI charges with alcohol or illegal drugs. But in California, a DUI case can also involve prescription medication.
This can be surprising for drivers who took medicine legally, followed a doctor’s instructions, and did not believe they were doing anything wrong. A valid prescription may explain why a substance was in someone’s system, but it does not automatically prevent a DUI charge if law enforcement believes the medication impaired the person’s ability to drive safely.
If you were arrested for DUI after taking prescription medication in Murrieta, Temecula, or elsewhere in Riverside County, the case should be reviewed carefully. Prescription drug DUI cases can involve different evidence and different defense issues than alcohol-based DUI cases.
Can You Get a DUI for Taking Medication Legally?
Yes. A person may face a DUI allegation in California even when the medication was legally prescribed.
The key issue is usually not whether the person had permission to take the medication. The issue is whether the prosecution can prove the medication impaired the person’s ability to drive safely.
The distinction matters.
A driver may have a valid prescription and still be accused of DUI. But the prosecution still has to prove impairment. Simply showing that a medication was present may not be enough in every case.
What Types of Prescription Drugs Can Be Involved in DUI Cases?
Prescription drug DUI cases may involve many different types of medication, including medications that affect alertness, coordination, reaction time, judgment, balance, or perception.
Examples may include:
- Pain medication
- Sleep medication
- Anti-anxiety medication
- Muscle relaxers
- Certain antidepressants
- Seizure medication
- Allergy medication
- Medication that causes drowsiness
- Medication that interacts with alcohol or other substances
The fact that a medication appears on this list does not mean everyone who takes it is impaired. People respond to medication differently. Dosage, timing, tolerance, medical history, sleep, food intake, and whether the person also consumed alcohol may all matter.
Prescription Drug DUI Cases Are Different From Alcohol DUI Cases
Alcohol DUI cases often focus heavily on breath or blood alcohol concentration. Prescription drug DUI cases may be more complicated because there is not always a simple number that proves impairment.
In an alcohol case, prosecutors may rely on a BAC result. In a prescription drug DUI case, they may need to rely more heavily on officer observations, driving behavior, field sobriety tests, blood test results, toxicology interpretation, and other evidence.
A blood test may show that a medication was present, but presence does not always prove impairment at the time of driving. Some medications remain detectable after their strongest effects have worn off.
Others may affect people differently depending on the person and the circumstances. This is why prescription drug DUI cases often require a careful review of the evidence.
What Evidence May Be Used in a Prescription Drug DUI Case?
The prosecution may try to prove a prescription drug DUI charge using evidence such as:
- Driving pattern
- Reason for the traffic stop
- Officer observations
- Statements made by the driver
- Field sobriety test performance
- Blood test results
- Toxicology reports
- Prescription bottles found in the vehicle
- Drug recognition evaluation observations
- Body camera or dash camera footage
- Accident evidence, if there was a collision
The defense may review whether the evidence actually supports impairment or whether there are other explanations.
For example, a driver may appear tired because they worked a long shift. They may have poor balance because of an injury or medical condition, or red or watery eyes because of allergies. They may be nervous because they were pulled over, or they may have medication in their system without being impaired. When it comes to preparing a case, the details matter.
What if the Medication Was Taken Exactly as Prescribed?
Taking medication exactly as prescribed may be important, but it does not automatically end the case.
If the medication label warns against driving, operating machinery, mixing with alcohol, or taking the medication before knowing how it affects you, prosecutors may try to use that information against the driver.
However, the defense may still examine whether the person was actually impaired. A warning label does not prove how the medication affected that particular driver at that particular time.
The defense may also review whether the driver had taken the medication for a long time, whether they had developed tolerance, whether the dosage had changed, whether they mixed the medication with alcohol, and whether there is evidence of unsafe driving.
What if Alcohol Was Also Involved?
Some cases involve both alcohol and prescription medication. This can create a combined influence DUI allegation.
A driver may have a BAC below .08 and still be accused of DUI if law enforcement claims the combination of alcohol and medication impaired their ability to drive. In these cases, the prosecution may rely on both the alcohol evidence and the drug-related evidence.
These cases can be complex because the defense may need to examine the timing of the alcohol consumption, the medication, the blood test, the traffic stop, and the officer’s observations.
A DUI under the legal limit may still be charged if the prosecution claims impairment, but that does not mean the charge is automatically supported by the evidence.
Can You Get a DUI Under the Influence of Over-the-Counter Medication?
Yes. Although this post focuses on prescription medication, some over-the-counter medications may also become an issue in a DUI investigation if they affect alertness, coordination, or reaction time.
For example, some allergy, cold, sleep, or motion sickness medications may cause drowsiness. If law enforcement believes the medication affected the person’s driving, it could become part of a DUI investigation.
Again, the issue is impairment. The prosecution must prove more than the fact that someone took medication.
How Can a Prescription Drug DUI Case Be Challenged?
A prescription drug DUI case may be challenged in several ways, depending on the facts.
Possible defense issues may include:
- Whether the officer had a lawful reason for the stop
- Whether there was probable cause for the arrest
- Whether the officer’s observations were reliable
- Whether field sobriety tests were affected by medical issues, fatigue, footwear, injury, or anxiety
- Whether the blood test was properly handled
- Whether the toxicology evidence actually proves impairment
- Whether the medication level was consistent with normal prescribed use
- Whether the prosecution can connect the medication to unsafe driving
- Whether body camera or dash camera footage supports or contradicts the report
- Whether alcohol, medication, or other factors were misunderstood
Prescription drug DUI cases are often evidence-heavy. A careful defense review may reveal weaknesses in the prosecution’s theory.
Should You Tell the Officer About Your Prescription?
This is a difficult situation. During a DUI investigation, officers may ask whether you have taken any medication. Many people want to be honest and explain that they have a prescription.
However, statements made during a DUI investigation may become part of the case. A person’s words can be included in the police report and used by the prosecution later.
If you have already made statements about medication during a DUI stop or arrest, that does not mean the case is hopeless. But it does mean those statements should be reviewed in context, along with the officer’s questions, the timing, the body camera footage, and the rest of the evidence.
Can a Prescription Drug DUI Affect Your License?
A prescription drug DUI arrest has different license implications than an alchohol-related DUI. The DMV will not hold an administrative per se hearing and cannot suspend your license based upon the prescription drug DUI.
If, however, you are convicted of a prescription drug DUI, the DMV will then suspend your license based upon that conviction.
Speak With a Murrieta Drug DUI Attorney
If you were arrested for DUI after taking prescription medication, you may still have legal options. A valid prescription, medical history, testing evidence, officer observations, and the timing of the medication may matter.
The Law Office of H. Charles Gorian represents clients facing prescription drug DUI charges in Murrieta, Temecula, and throughout Riverside County. We can review the stop, arrest, blood test evidence, DMV issues, and other facts that may affect your case.
Contact The Law Office of H. Charles Gorian today for a free, private, no-obligation consultation with a Murrieta DUI defense attorney.