Yes. You can be charged with a DUI in California for prescription drugs if they impaired your ability to drive safely, and having a valid prescription is not a defense. Vehicle Code 23152(f) covers driving under the influence of any drug, legal or not.
That surprises people. You did what your doctor told you, took your medication as prescribed, and you can still face a DUI. The law doesn't care whether the drug was legal for you to have. It cares whether it affected your driving. Common culprits include sleep aids, anxiety medication, painkillers, muscle relaxers, and even some allergy medicines that warn against operating machinery.
Drug DUIs are actually harder for the state to prove than alcohol cases, and that cuts in your favor. There's no 0.08 equivalent for most medications. The prosecutor can't just point to a number. They have to show the drug was in your system and that it actually impaired you, often relying on an officer's opinion or a drug recognition evaluation. Both can be challenged.
Blood tests in these cases have their own problems too. The presence of a drug doesn't prove impairment at the time you were driving, since many substances linger long after the effects wear off.
Our drug DUI defense page covers how these cases get built and taken apart. For marijuana specifically, see our marijuana DUI page.
Charged after taking your medication? Call (858) 622-7280 or visit our contact page for a free, confidential consultation.
This is general information, not legal advice, and every case is different.