Driving under the influence (DUI) is often associated with alcohol or illegal drugs. However, many California drivers are surprised to learn they can also be charged with a DUI for driving under the influence of prescription medications—even those legally prescribed by a doctor. This guide will help you understand how California law treats prescription drug DUIs, which medications are commonly involved, and how to protect your legal rights.
Understanding California DUI Law and Prescription Drugs
What Does the Law Say?
Under California Vehicle Code §23152, it’s illegal to drive while under the influence of any drug that impairs your ability to operate a vehicle safely. This includes:
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Prescription medications
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Over-the-counter medications
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Controlled substances
You don’t need to be “drunk” or “high”—impairment alone is enough to result in a DUI charge.
Prescription Medications That Can Trigger DUI Charges
Some prescription drugs are more likely to affect your ability to drive. These include:
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Benzodiazepines like Xanax, Ativan, and Valium
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Opioid painkillers such as Oxycodone, Hydrocodone, and Morphine
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Sleep aids like Ambien and Lunesta
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Muscle relaxants
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Medical marijuana (even if legally prescribed)
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Some antidepressants and antipsychotics
Even if you are using these drugs legally and under a doctor’s supervision, they can lead to a DUI if they impair your driving ability.
How Police Determine Impairment
Traffic Stops and Testing
Police may pull you over for erratic driving, speeding, or failing to follow traffic signals. If they suspect drug impairment, they may:
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Conduct field sobriety tests
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Ask about your prescription drug use
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Request a breath, blood, or urine test
Drug Recognition Experts (DREs)
Some officers are trained as DREs, which allows them to assess whether a driver is impaired by drugs using physical and behavioral evaluations.
Penalties for a Prescription Drug DUI in California
Penalties for a DUI involving prescription drugs are the same as those for alcohol-related DUIs. They may include:
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Jail time
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Fines and court costs
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License suspension
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DUI education programs
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Probation
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Installation of an ignition interlock device
The severity of the penalty depends on factors such as your driving history, whether an accident occurred, and whether this is your first offense.
Possible Legal Defenses
If you’ve been charged with a DUI due to prescription medications, you still have legal options. Common defenses include:
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You were not actually impaired, even though you had medication in your system
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Inaccurate testing or errors in field sobriety evaluations
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No probable cause for the traffic stop
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Lawful use of prescription drugs under a doctor’s supervision
An experienced DUI attorney can evaluate your case and determine the best defense strategy.
Tips to Avoid a Prescription Drug DUI
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Understand the side effects of your medication before driving
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Avoid driving when starting a new prescription or changing dosages
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Do not mix medications with alcohol or other drugs
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Keep your prescription with you in your vehicle if possible
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Err on the side of caution—if you feel “off,” don’t get behind the wheel
What to Do If You’re Pulled Over
If you’re stopped and suspected of driving under the influence of prescription drugs:
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Remain calm and respectful
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Don’t volunteer extra information
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Comply with lawful requests, such as chemical testing
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Ask to speak with a lawyer as soon as possible
Frequently Asked Questions
Can I get a DUI for taking medication that’s legally prescribed?
Yes. Legal use is not a defense if the drug impairs your driving.
What if I didn’t know the medication would affect me?
Lack of knowledge might be considered in court, but it’s not a guaranteed defense.
Is medical marijuana treated differently?
No. If you are impaired while driving—even with a medical marijuana card—you can be charged with a DUI.
Do I have to tell the police what medications I’m on?
You are not required to provide detailed medical information without a lawyer present.
Facing DUI? We Can Help.
Being charged with a DUI—even for prescription medication—can seriously impact your life. You could face license suspension, criminal charges, and financial penalties. But you don’t have to go through it alone. Southwest Legal is here to protect your rights and build the strongest possible defense. Our experienced California DUI attorneys understand the complexities of prescription drug cases and know how to challenge flawed evidence, improper procedures, and unfair assumptions. 📞 Call us today for a FREE consultation. Let our team fight for your future.
