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Prescription Drugs

Not all DUI charges are due to alcohol or controlled substances like Marijuana.

Do you know that you can be convicted of a DUI offense while driving under the influence of prescription medicine? The clause (f) of VC 23152 defines that

“It is unlawful for a person who is under the influence of any drug to drive a vehicle.”

The term any drug in this context means any controlled drug or prescription medicine that can affect a person’s ability to drive a vehicle safely or cause driving impairment. Many of the prescription drugs have physiological and cognitive effects on the person’s muscle control and rational thinking. The prescription drugs can cause drowsiness, lack of muscle control, delayed reaction time, or confusion. The four common drugs that can cause such impairments are,

Painkillers such as Vicodin, OxyContin
Mood stabilizers and sleep medications such as Ambien, Nyquil
Anti-anxiety medications such as Valium, Xanax
Antidepressants such as Lithium, Prozac

There must be a warning label on the drugs that can cause such effects to caution people to not to operate heavy machinery after using them.

What Happens When You Are Pulled Over for DUI Prescription Drug?

The police officer can ask for a stopover due to erratic driving or cause damage to another person or property. The police officer may request you to take field sobriety tests and based on the observations made on these tests, may convict you for DUI.

Further, the office usually takes blood and urine samples to confirm the presence of the drug in your blood or urine. If any trace of impairing drug is found in your body, you are convicted of DUI prescription drug. Unlike, in the case of alcohol, there is no set limit for drug level in the body in case of drugs.

But, do you know that these circumstantial evidences can be wrong?

41The legal represents at the law office of David S. Chesley work relentlessly to prove that the evidence against DUI charges is wrong or insufficient. We have worked on thousands of DUI prescription cases in the state of California in our 50 years of experience. As past prosecutors, judges and police officers, we have a thorough understanding of DUI laws and evidence gathering procedures.

Available Defenses in DUI Prescription Case

The evidence presented for a DUI prescription conviction are observational and based on chemical testing. However, both the observations and results of blood and urine test can be flawed.

The officer observes the driving for a short period. Also, the field sobriety tests often lead to misleading results as it is difficult for even a non-affected person to walk in a straight line. Often, the police officer that pulled you over does not follow the stopover guidelines and procedures which are required by law.

However, only an experienced and knowledgeable lawyer can build a strong defense based on these points by thoroughly studying and investigating your side of the case. At Chesley Law office, we help our clients in getting charges dropped or reducing sentence by,

Invalidating the evidence provided by the prosecutor.
Evidence was gathered unconstitutionally.
Lab tests are flawed. (Improper equipment or different results from another laboratory)
Establishing that the police officer violated your constitutional right in Stopover.
Establishing that factors other than the prescription drug caused impaired driving such as you were feeling ill at that time.

What Should You Do When You Are Charged with DUI Prescription?

Instead of wasting your time in frustration, panic or looking for information, you must immediately contact a professional DUI defense lawyer in California with a successful track record of DUI cases. If you or your loved one is in a situation with DUI prescription drug, we can help you get charges dismissed or get minimum sentence (if any).

Our client faced multiple serious charges in Los Angeles County, including Penal Code § 211 (Robbery), § 245(a)(1) (Assault with a Deadly Weapon), and § 245(a)(4) (Assault with Force Likely to Cause Great Bodily Injury). Unlike a co-defendant represented by another firm who pled to a felony conviction with a "strike," our legal team pursued a different strategy. Through the submission of a comprehensive mitigation package to the District Attorney, we successfully negotiated a complete dismissal of all charges.
Our client faced serious charges under Penal Code section 211 for alleged felony robbery involving force and fear in Riverside County (Murrieta Court) . The prosecution argued that probation was not appropriate due to our client’s prior felony convictions in San Bernardino County, including a previous robbery in April 2021 and grand theft in November 2019. Despite the severity of these allegations, our legal team successfully demonstrated insufficient evidence during the preliminary hearing. As a result, all charges were dismissed. This outcome allowed our client to move forward without the burden of a new conviction.
Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
Client's estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
Police allegedly discovered 3 bags of marijuana in client's glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!

What our clients say Client Testimonials

I am truly pleased with my experience with the Law Offices Of David S Chesley. They answered all my questions and provided me with great advice and legal services. My case resolved quickly. Thank you!
Rodrigo L.

I left court yesterday with my last case being wrapped up. Two court appearances and that’s it. He represented me in a couple of different cases and was impressive to say the least. Always a phone call or text message away. Confident and aggressive when he needed to be. Calming and thorough when meeting with me. Attorney Chesley did exactly what he said he would and I got the results I needed. He seemed to know all the right people at the Temple Street courthouse. You can always get in contact with him quickly and he is a great lawyer. I highly recommend his legal services.
Ricardo Esteves

My brother was given a very caring attorney that was assigned to his case and we had very helpful case managers throughout the process. I strongly recommend David Chesley to anyone who is in trouble. I called in to get help on my brothers case and right away I liked their service. My brothers charges were eventually dismissed after the attorney got him into a program, now he could go on without the trouble of having anything on his record
Erica Geller

I retained Mr. Chesley and his firm and from the beginning they were extremely professional both in communicating the status of my case to me, explaining the situation as a whole, and just downright taking care of business. It was money well spent for a job well done. Thanks again to David and Melissa others that worked on my case. I recommend this firm to anyone in need of legal representation. Don’t just accept things the courts force on you, call this firm and protect yourself.
Elizabeth F.

I contacted Mr. Chesley and his firm because some unfortunate events had left me in a jam. Detectives were demanding I testify or be prosecuted for a crime I didn’t commit. (I wasn’t involved or even at the scene of the alleged crime when it supposedly took place.) Mr. Chesley explained to me that he had been through similar situations with his clients before and understood exactly what was going on. His response to what took place was nothing short of amazing. No matter how small my concern, Mr. Chesley addressed it in a timely manner. He advocated for what is right and empathized with me in dealing with the Court system. After meeting with the supervising D.A. and providing alibi evidence he was able to get me out the situation. I’m very grateful to have found him.
Leon Hanley

I hired David Chesley for my criminal defense in 2012. he was recommended to us for is success results and his low fees. David is very smart and his professional legal advice was honest & much appreciated during these stressful time. David’s knowledge, advice, and communication about what we were to expect was reassuring and beneficial to me. He charged me a reasonable flat rate and didn’t charge me any surprise fees. In my case David Chesley was able to negotiate with the prosecution attorney for the best result I could hope for. He had success at getting my criminal charges dismissed with the judges approval. You will not be disappointed if you hire The Law Offices of David S. Chesley.
Britanny Givens

David is very professional, yet very casual. Although it is typically not easy to speak straight up with an attorney, he is very easy to talk to. He replied to my questions quickly and was available all hours. Not only did he get my case resolved with a dismissal, he went above and beyond and got me an expungement without me even requesting it. He never beats around the bush and tells you like it is. At the same time is willing to work overtime to get the results you request. I would use David’s services again in the future.
Andrew A.

very satisfied being a client with the Law Offices of David Chesley.. Negin represented both my husband and I and got both our cases dis issued… Negin was on top of our cases she really cares and did everything she said she would do!!! thanks a lot Negin
Rita K.

I don’t write many reviews, however this time I had to share my admiration and appreciation for this firm. Attorney Negin Akhavan is definitely a person you want representing you in any criminal legal battle. She is the clear definition of the frace “is not what you know, but who you know ” she is not only knowledgeable, she also has the relationships with the right people. I couldn’t be happier with the results she was able to provide.

Thank you Negin.
Gabriel V.

An old felony charge came up, so I hired David and his team in June, and he got me a release on my own cognition on a felony charge in July which has never happened to me, and got it dismissed in October. He was responsive when I called and always kept me updated. Got my case dismissed, was easy to work and handled everything for me. He did an excellent job. I highly recommend David Chesley for any criminal defense.
Jason Corona

They really helped me out in a timely manner. I had a drug charge from 16 years ago and they dealt with it quickly. I can’t recommend them enough. If you have a criminal charges check them out they are awesome.
Santiago L.