Every state has a “per se” DUI laws that prohibit the drivers to operate a motor vehicle with a certain amount of alcohol in their systems. This is called BAC (blood alcohol concentration), and it cannot be higher than .08%. If a driver is pulled over with BAC greater than .08%, he or she may face charges based on the amount of alcohol that was in their system, and the damage they have done while operating the vehicle intoxicated.
However, sometimes a driver may be “impaired” as a result of prescription drugs that he or she is legally taking. Could this affect the outcome of the situation, and could the driver be set free as a result?
Knowing The Basis
In California, all drivers who are pulled over for DUI and found to be guilty will face charges and penalties as a result of drunken driving. However, the state does have a “driving impairment” laws, called impairment DUI. These laws focus on the effects that the drugs had on the driver, and whether or not the substances affected the driver’s ability to operate a motor vehicle.
Based on the amount of the drugs that the driver has taken, he or she could feel impaired to drive. According to the law, the driver could be “under the influence” or “intoxicated” after taking the prescribed medication. If found to be driving “under the influence” or “intoxicated”, the driver will face penalties.
If you find yourself in a similar situation, you may want to consult with Los Angeles DUI defense attorneys and see your legal options. Let attorneys evaluate your case, free of any charge.
Most of the time, if a person requires drugs and medication, the doctor will prescribe them. However, if these drugs could affect the person’s driving abilities, the doctor is to warn that individual of potential side effects.
Another thing that is taken into consideration is the number of drugs that the individual took. If he or she took more than it was prescribed and ended up being pulled over for being “intoxicated”, he or she will face legal consequences.
Medicinal marijuana, for example, is usually prescribed to people having serious brain injuries or some forms of cancer. These individuals should know that driving after consuming marijuana is extremely dangerous. And yet, many people have to drive in order to go to the pharmacy or the local store. And if they are pulled over, they will have to face criminal charges.
A driver arrested for a DUI has a limited defense. However, the court may sometimes let the driver go free if he or she can prove that they were indeed impaired as a result of taking a prescribed medication. Proving this could be difficult, which is why you should contact seasoned DUI Defense Attorneys in Los Angeles for help right away. Only they could help you deal with these charges, and potentially preserve your freedom. Do not hesitate to call as soon as you are able to.