DUI with alcohol and prescription drugs

Question: Does having prescription drug in your system along with alcohol make the case or penalty different? This is for a first time DUI offense in Van Nuys, CA

1 Response

  1. Answer: It is possible to have a DUI charge based on prescription drugs alone under VC 23152(a), even when there is a proper prescription. For example, if someone has a high dosage of a prescription drug, it may make them “under the influence” for purposes of the law. Having drugs (prescription or not) in your system along with alcohol can effect the case. What was your BAC level at? Did you do a breath or blood test after getting arrested?
    Also, are you over or under 21? Keep in mind that if the person charged is under 21 years old, there is a zero tolerance policy. So even though the BAC is low (for example, .05), if under 21, could be looking at a VC 23136 or a VC 23140 charge in lieu of the VC 23152(a) charge. Give me a call to discuss your DUI case further.