Can you get a DUI for prescription medication?

What the law says: VC § 23152(f) (drug DUI)

California’s drug–DUI statute prohibits driving “under the influence of any drug.” That includes lawfully prescribed medications if they impair your ability to drive with the care and caution of a sober, ordinary person. The DMV’s official guidance on alcohol and drugs explains impairment concepts and administrative actions for DUI cases: https://www.dmv.ca.gov/portal/handbook/california-driver-handbook/alcohol-and-drugs/.

How police try to prove a prescription–drug DUI

• Driving behavior & observations: lane position, speed, divided–attention tasks, and officer notes.
• Field Sobriety Tests (FSTs): must follow standardized NHTSA methods; footwear, lighting, and surface conditions affect reliability. See NHTSA resources: https://www.nhtsa.gov/dwi-detection-and-standardized-field-sobriety-test-sfst-resources.
• DRE (Drug Recognition Expert) exams: 12–step protocol assessing eye signs, vitals, and statements; we examine each step for errors and bias.
• Toxicology: blood testing can show presence of a drug, not necessarily impairment or dosage effect; chain of custody and lab methods matter.

Common prescriptions that raise DUI issues

Opioids (e.g., hydrocodone), benzodiazepines (e.g., alprazolam), sleep aids (e.g., zolpidem), some antidepressants, muscle relaxants, and even sedating antihistamines can cause drowsiness or slow reaction times. NHTSA’s drug–impaired driving page discusses how medications can affect driving performance: https://www.nhtsa.gov/risky-driving/drug-impaired-driving.

Penalties & collateral consequences

For a first offense, drug DUI penalties often mirror alcohol DUI: fines, probation, education programs, possible custody, and a separate DMV action against your license. Sentencing can increase with aggravating factors (e.g., crash, child passenger). Learn the criminal–court flow at California Courts Self–Help: https://selfhelp.courts.ca.gov/criminal-court/overview/arraignment.

Defense playbook: how we pressure–test the case

• Stop & arrest legality: Suppress evidence if the stop lacked reasonable suspicion or arrest lacked probable cause.
• FST & DRE validity: Compare officer performance against NHTSA standards; highlight medical or environmental confounders.
• Toxicology science: Audit draw timing, preservatives/anticoagulants, storage, and lab methods; presence ≠ impairment.
• Medical documentation: Provide prescribing records and physician notes; distinguish therapeutic levels from impairment indicators.
• Two–track strategy: File your DMV hearing request within 10 days and coordinate court motions — https://www.caduilaw.com/court-dmv-trials/dmv-hearings/.

Practical steps if you’re on prescription meds

• Carry a current prescription list and dosing instructions.
• Avoid new or sedating meds before driving until you know your reaction.
• Document sleep, food, and timing; these details help rebut “impairment” assumptions.
• Do not discuss your case on social media; speak only with counsel.

FAQs

Can I be convicted if I took the medication as directed?

Yes, if the prosecution proves impairment. Lawful prescription use is not a defense by itself.

Is there a legal limit for prescription drugs?

No per–se numeric limit for most drugs; the state must prove your ability to drive was impaired.

Do I have to take a blood test?

Post–arrest chemical testing is required under implied consent. Refusals trigger separate DMV penalties.

How do you fight a DRE opinion?

By exposing deviations from protocol, alternative medical explanations, and weaknesses in toxicology or observations.

The bottom line

Prescription meds can support a DUI charge only if the state proves actual impairment. With aggressive challenges to stop legality, FST/DRE methods, and toxicology, we can often narrow or defeat the case. Braden & Tucci — Southern California’s Most Respected DUI Attorneys — is ready to protect your license and record.