DUI While Using Legal Drugs?

Fight Your Charges with a Santa Ana DUI Attorney

When we think of the offense of driving under the influence (DUI), our first idea is that the person had been consuming alcohol and was driving drunk. Illegal drugs is also another common reason people are arrested for DUI. Now, we are seeing others being charged with driving under the influence from taking legal drugs, which extends not only to over-the-counter medications, but also prescriptions.

Some of the most common types of drugs we have seen with this type of DUI include:

  • Antidepressants
  • Antihistamines
  • Decongestants
  • Stimulants
  • Sedatives
  • Narcotic analgesics
  • Pain relievers

Some of these drugs have labels that caution users not to operate vehicles, as the effects can affect the body’s functions in a similar way that alcohol and illegal drugs can. They can affect concentration, coordination, attention, and focus—in a very similar way that alcohol can affect the brain.

How the Law Defines DUI

Determining a DUI charge depends on several elements. In California, DUI simply means that the person was driving under the influence. You can ask a Santa Ana DUI lawyer for more details with regards to your specific circumstances.

The following elements must be proven in order formally charge someone for DUI:

  • The person was driving a vehicle, that is, the person operated the vehicle while it was in motion
  • The person’s ability to drive was significantly impacted from ingesting a substance, such as alcohol, drugs, or a combination of it

The laws do not mention that driving under the influence of a legal drug, prescription or not, exempts someone from being charged with DUI. It only needs to be proven that some substance, regardless of the amount or dosage taken, affected the person's ability to drive.

Don’t Take Chances If You Were Charged—Call Now!

I am the lead attorney at The Law Offices of Jerry Schaffer, Jr., and I have helped fight to protect the rights of countless who have been accused of DUI or other offense. The laws can often be difficult to decipher at times, so I want to keep you informed about the obstacles you may face, and fight to overcome those. Ultimately, my goal is to offer you peace of mind and the satisfaction of knowing you have entrusted your case to the right lawyer.

I am a former senior deputy district attorney, with 18 years working in the DA's office. I have developed a keen sense of negotiation and litigation skills, which I use that to litigate in my client's favor.

If you are looking for the right attorney to combat your charges, look no further than my firm. Call me today to schedule your free case consultation!