Legal Question in DUI Law in California

I am a chronic back pain patient. I am wondering how to answer questions regarding medications if pulled over. It sounds like they can charge you for a duid even if you are taking meds. as prescribed. I hate to lie, but i'm not going to shoot myself in the foot. I'm assuming I should say I am not on meds. I take meds. that show up for a long time. I don't know if I should take the blood or urine test, if I have a choice. I'm to understand there is no "per se

' amount for meds. Have cases that have gone to trial been overturned in general? I'm really freaked about this. I have no tickets or accidents but can't afford a duid. Thanks for your time.


Asked on 4/07/11, 7:49 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

First of all, don't drive if you are impaired by medication. If you are pulled over, don't answer questions! Drug DUIs can be easier to defend than alcohol DUIs because there's no fixed limit. But more to the point, you don't need the expense of hiring an attorney (and an expert toxicologist); and you don't want any other motorists or pedestrians to get hurt or killed.

Read more
Answered on 4/07/11, 9:46 pm
Rick Mueller San Diego County DUI Law Center

Good tips. Also see http://www.avvo.com/legal-guides/ugc/drugs--dui-in-california-1.

Read more
Answered on 4/08/11, 6:32 am
Terry A. Nelson Nelson & Lawless

You can be arrested and convicted of driving 'under the influence' of any substance, legal or illegal, prescribed or not, alcohol, drug, OTC, cough medicine, etc. There are no 'excuses' accepted, or defenses available just because you have 'need' of the drug. Don't drive impaired unless you want to go to jail.

The only other advice is to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation.

Read more
Answered on 4/08/11, 11:31 am


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in California