Prescription Drug DUIs in Temecula

Drug DUI Attorney

What is a Prescription Drug DUI in Temecula?

Driving under the influence of a prescription drug is codified in Vehicle Code section 23152(f), which says that it is illegal for anyone to drive under the influence of any drug, including prescription drugs, whether or not legally prescribed by a doctor.  

California does not have a per se limit of prescription drugs that can be in a person's blood when driving a car.  Meaning, in California, the law says that if you have a BAC of .08% or greater, we can presume that you are under the influence.  There is no equivalent limit for prescription drugs in California.  

Accordingly, in California, the district attorney is required to prove that the amount of whatever prescription drug (Oxycodone, Ambien, Xanax, etc.) in your blood impaired your driving, and they can't rely on the blood test to simply show impairment. Presence of a prescription drug in blood is not proof of impairment, especially considering that most prescription drugs can stay in a person's blood for weeks or longer, depending upon patterns of use. 

Generally, district attorneys rely on "Standardized Field Sobriety Tests," which have no known scientific value in measure prescription drug impairment, a Drug Recognition Evaluation, and any bad driving, plus THC levels, to prove prescription drug DUIs in Temecula | Murrieta.  

Your Temecula | Murrieta Prescription Drug DUI Attorney should be well versed in these basic scientific principles concerning Prescription Drug DUIs.  


Do I have Defenses to a Temecula Drug DUI Arrest?

Some of the best defenses to Prescription Drug DUIs are simply that presence in the blood does not indicate impairment.  Further, law enforcement should obtain a warrant before collecting a blood sample to test for drugs. If they don't, then your rights have been violated and you have a defense to Temecula drug DUI charges.


What Happens to my Driver's License?

There are rarely consequences with the DMV for Prescription Drug DUIs, unless law enforcement alleges you refused a chemical test or the DMV thinks you are addicted to prescription drugs.   


What is the Punishment for a Temecula Drug DUI?

The punishment for Prescription Drug DUIs is the same as regular DUIs, depending on whether it is your first, second, third or fourth offense, or someone was injured.  Temecula Drug DUI attorney Mike Donaldson can analyze your particular case and explain the potential consequences in your particular drug DUI case.


What Should I Do First?

Really, talk to a lawyer first. Even if you do not want to hire a lawyer - it will calm you down - because you will know what you are up against. I am always happy to talk about any Temecula Drug DUI cases for free.

Call (951) 387-4982

For a Free DUI Consultation

10.0Michael Wayne Donaldson