QUESTION
Can I be given a DUI for taking my prescribed medication?
Asked on Jan 08th, 2011 on Criminal Law - California
More details to this question:
I have a physical disability and permanent placard. I was pulled over for reckless driving. I passed the breathalyzer test at 0 as I don't drink. I passed all roadside tests then taken to the CHP where I passed the rest as I was not impaired. When asked about medications, I informed the officer that I had taken my prescribed medications the day before not that morning. I have been taking these now for 23 years. I was then asked to take a blood or urine test opting for the urine. Later I was convicted for wet and reckless driving for driving on my medication at a level just called "Positive" as these medications have a long half life. I only drive after the time has elapsed for the duration of the prescription to be effective. Not intoxicated can they still arrest me for a minor ticket?
6 ANSWERS
Geoffrey MacLaren Yaryan
Yes, you can be given a DUI for being on your prescription medication.
Answered on Jan 11th, 2011 at 7:28 PM
Can you be convicted of a prescription drug DUI, yes you can. Just because a drug is prescribed it does not mean that you are allowed to drive on that medication. Please understand that you did not pass the field sobriety tests. If you had there would never have been additional questions. Additionally the DA cannot charge you with a 23103.5 (wet reckless) directly. It is a reduction and you would have been charged with a 23152(a) driving while under the influence of a drug and you were give a plea offer of a wet reckless VC 23103.5. It appears you already plead guilty to this. Next time prior to any plea deal you should consult an attorney.
Answered on Jan 10th, 2011 at 7:28 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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DUI is driving under the influence of ANYTHING that affects ability to drive. You said convicted but I assume you mean arrested and charged. Can they arrest you? Of course.
Answered on Jan 10th, 2011 at 5:58 PM
You can be arrested on the facts you gave. However, that is not the same as convicted. A good attorney should get a dismissal or a not guilty. You should not have plead.
Answered on Jan 10th, 2011 at 4:58 PM
Yes, if you plead guilty to it!
VC 23152(a) addresses under the influence of "drugs." Drug DUI's are generally very defensible (explaining why you were given a WET Reckless), but since you already plead guilty to it, there isn't much you can do at this point.
Answered on Jan 10th, 2011 at 4:13 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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To answer, it is possible to get a DUI under 23152(a) for driving under the influence of prescribed drugs.
Answered on Jan 10th, 2011 at 3:28 PM