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How to Fight a Prescription Drug DUI in California

Driving Under the Influence is a serious offense. A DUI is often associated with alcohol or illegal drugs, but it is illegal to drive under the influence of prescription medication, whether a doctor prescribed it to you or not. Although you may be under a doctor’s care, this doesn’t always lead to a defense if the police pull you over for DUI. If you are charged with DUI, you shouldn’t take it lightly. Legal representation is important to protecting your rights and freedom if you are facing DUI charges.

Fighting a Prescription Drug DUI

Controlled substance DUIs can be difficult to prove in court. Unlike alcohol, where a prosecutor can often prove your intoxication by blood alcohol levels, controlled substances are much more subjective. There aren’t breathalyzers that measure how much Valium you took, nor how impaired you are. Although this can make it easier for you to argue that you weren’t impaired, your case may not be a slam dunk. You may need more arguments to keep a DUI charge off your record.

Did the Police Have Probable Cause?

Law enforcement must have a valid reason to pull you over to establish you were driving under the influence. This can include traffic violations or accidents, bad driving, or other in-person observations. However, if the police lack probable cause to pull you over, any evidence obtained after the illegal police action can be excluded.

Related: Everything You Need To Know About The Blood Test for Prescription Drugs DUI

What Factors Contributed to Your Driving?  

Taking prescription medication can be just one factor in your driving behavior. Many people drive erratically when they are sick, tired, or depressed. Mental health issues can contribute to poor driving behavior. A skilled DUI attorney can argue that there were other contributory factors that made the police think you were driving under the influence. If the officer observed impairment in delivering the field sobriety test, your defense lawyer could also argue that a physical disability caused you to be off balance or perform poorly.

Your DUI Lawyer Is Your Advocate

Even first-time DUIs carry long-term consequences. It’s imperative for you to get the best outcome for your situation to protect your freedoms. It is the job of your defense attorney to find mistakes made during the arrest by police who were wrong about their assumption about your sobriety. An experienced DUI lawyer will help you navigate the system and protect your rights.

Craig Sturm is one of the few attorneys who is actually a certified instructor of the NHTSA field sobriety tests used in arrests. Mr. Sturm is also one of the very few attorneys who has taken and completed the NHTSA A.R.I.D.E. class, which is an actual drug DUI course that the officers who are trained in this area took as well. Also, Mr. Sturm has been thoroughly DRE trained, he will be able to go over the 12-step checklist in detail to expose officers for not doing the investigation correctly. This experience is invaluable in helping you fight a prescription drug DUI.

It’s important that you get legal representation right away if you’ve been charged with prescription drug DUI. Contact our office to make an appointment.

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