It is not a defense that you have a prescription IF you are impaired to a degree you can not drive properly. It is rare for a jury to convict in such a case unless you took more than you were supposed to IF your doctor or pharmacist will so state. Same goes for DMV, they hardly ever suspend for RX cases and never at admin perse unless alchohol is involved. Joe Vandervoort www.duiking.com Chico Ca 40 years
Can I get a DUI for driving on a prescription medication?
Asked on
Friday, Dec 21, 2012
Earlier this year, I had pretty major surgery. Ever since then I have struggled with really dull pain. My doctor prescribed me medication for pain that can sometimes make me drowsy if I take it without any food. The officer that pulled me over and everything claimed that I was beyond capable of operating a motor vehicle in my "state". He claims that I didn't pass my field sobriety test. I did not take more than the suggested dosage and I want to know if I can fight this DUI.
Answers
Yes, it is possible to fight prescription medication DUI's. Often times these cases have strong defenses, particularly since there is no
All DUI can certainly be fought. You need to understand, however, that even if a legitimately prescribed drug causes you to be impaired, that can still be a violation. Best thing is to contact a lawyer who specializes in DUI defense in your area.