Can I get a DUI for Prescription drugs only

Question: I fell asleep behind the wheel. Police did various tests and I blew a 0.0 as I had no alcohol. I told them I was on prescription medication and they arrested me for DUI. I just got a DUI last November and finished my program. Can I get a 2nd DUI for being on meds?
Answer: Yes, you can be convicted of a DUI based on prescription medication only under VC 23152(a) – under the influence of alcohol, drugs, or a combination of both. These cases can be defended though as there are a lot of variables that a prosecutor has to establish to show you were actually “under the influence” of the prescribed medication. You should speak to an experienced DUI attorney as soon as possible about your case. Feel free to contact me if you would like to discuss further.
Phil Hache
DUI & Criminal Defense Lawyer