Temecula | Murrieta Prescription Drug DUI
What is a Prescription Drug DUI?
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? Should I fight it?
Yes! You have defenses. Please click here to read about DUI defenses. Even if the defenses in your case aren't available, a local Temecula | Murrieta Marijuana DUI Attorney can help you resolve your case much more favorably than if you walked in and pled guilty without a lawyer.
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.
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 Prescription 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.
What Should I Do?
A Prescription Drug DUI arrest is stressful. Just know that you'll get through it. The most important thing you can do in the beginning is to quickly reach out to DUI Attorneys in your area (hire a local Temecula | Murrieta Rx DUI attorney) and decide which one like best.