Prescription Drug DUIs
Arrested? Let a Knowledgeable Bakersfield DUID Lawyer Defend You
In the state of California, it is illegal for a person to drive a motor vehicle while under the influence of drugs (DUID). A person can be arrested for DUID even if they have a valid prescription for a certain drug. If you have been arrested for DUID, it is vital you contact a Bakersfield drugged driving lawyer from Campbell Whitten to protect yourself against serious consequences.
Call (661) 771-3077 or contact us online to discuss your charges with a knowledgeable legal professional.
What Types of Prescription Drugs Can Result in DUID Charges?
DUID charges can result from operating a vehicle with a variety of prescription drugs. Under California Vehicle Code Section 312, a “drug” is considered any substance that affects a person’s nervous system, brain, or muscles to the extent that it limits or alters their ability to drive. Having a prescription does not absolve a person from being charged. In general, any prescription drug that causes impaired motor skills, drowsiness, or has a label that warns against operating a vehicle or heavy machinery can cause a person to be accused of impaired driving.
The following prescribed medications can lead to a DUID charge, among others:
- Vicodin
- Valium
- Percocet
- Xanax
- Codeine
- OxyContin
- Ambien
Certain over-the-counter medications such as Tylenol PM, Sudafed or Benadryl also have certain side effects that can cause a person to be legally intoxicated. Legally sold simulants, sedatives, antidepressants and narcotic analgesics can have similar effects. Measuring this intoxication, however, is subjective. Unlike alcohol intoxication that can be measured by a person’s blood alcohol concentration (BAC), blood and urine tests can only identify whether or not a drug is present in a person’s system. There is currently no set standard for measuring drug intoxication.
Penalties for Driving Under the Influence of Prescription Drugs
A conviction of driving under the influence of prescription drugs can bring a myriad of different penalties. Penalties will vary depending on whether a DUID is charged as a misdemeanor or a felony. A DUID can be charged as a felony if a person has three or more prior DUI offense, a prior felony DUI conviction, or if the alleged drugged driving resulted in another person’s injury. In most cases, penalties for drugged driving are treated the same whether or not they stem from alcohol or drug intoxication.
A felony DUID can bring the following penalties:
- Up to ten years in state prison
- A “strike” on a person’s record
- Up to $5,000 in fines
- Substance abuse program participation
- Restitution to all injured parties
Get a Skilled Bakersfield DUID Lawyer on Your Side
If you have been charged with driving under the influence of prescription drugs, it is vital you enlist the services of a powerful attorney as soon as possible to minimize your chances of serving these harsh penalties. At Campbell Whitten, our Bakersfield criminal defense attorneys have handled more than 10,000 cases and can provide the aggressive advocacy you need to protect you against the opposition’s claims. We are younger, smarter, and more willing than any other firm to go the distance in the pursuit of a desirable outcome on your behalf. Your future is at stake – make sure it is in capable hands!
The best way to get started is by requesting a complimentary case review. An attorney from our firm will promptly be in touch to review your legal options.