DUI Arrests Involving Prescription Drugs and Over-the-Counter Medication in California

Understanding the Law

When people think "DUI," they usually think of alcohol or illegal street drugs. But in California, you may also face a DUI (or more precisely, a driving-under-the-influence-of-drugs, DUID) arrest for lawfully prescribed medications or even over-the-counter (OTC) drugs if they impair your ability to drive. Under California Vehicle Code §23152(f), it is unlawful for a person who is under the influence of any drug to drive a vehicle. The law is written broadly: it does not distinguish between illegal substances and those prescribed by a doctor or obtained without a prescription. For reference, see the California Vehicle Code §23152(f) for full details.

How Prescription or OTC Medications Can Lead to DUI Charges

According to the California Department of Motor Vehicles (DMV) handbook, the law does not see a difference between illegal drugs and medications you get from a doctor or pharmacy. What matters is impairment. If a medication—whether prescription or OTC—affects your reaction time, coordination, judgment, or alertness, you may be driving under the influence. Read more at the California DMV Driver Handbook on Alcohol and Drugs.

Common Medications of Concern

While any drug that impairs driving can lead to charges, some categories tend to trigger arrests more often:

• Opioid painkillers (e.g., hydrocodone, oxycodone)
• Sleep aids / sedatives (e.g., zolpidem)
• Certain anxiolytics or muscle relaxants
• OTC medications that cause drowsiness (e.g., antihistamines, cold/cough medicines)

Because California has no per-se "drug limit" analogous to the .08% BAC for alcohol, the issue in each case is whether your ability to drive was appreciably impaired.

Why San Diego Drivers Should Take Notice

In San Diego and throughout California, being caught behind the wheel while impaired—even if only by your doctor's medication—can have serious consequences. An arrest triggers not only criminal exposure but also administrative consequences via the DMV. For information about DMV administrative actions, visit the California DMV DUI Guidelines Page.

What to Do if You're Facing a Prescription-Medication DUI

First, do not assume that because your prescription is valid you are safe. A strong legal strategy must explore whether the medication actually impaired your driving, whether law enforcement procedures (e.g., blood tests, field sobriety evaluations) were properly followed, and how the evidence matches your actual driving behavior.

Second, keep documentation: your prescription history, warnings on the medication label (for example "may cause drowsiness"), and any relevant medical advice.

Lastly, acting quickly is vital—early posture, expert consultation, and the right legal representation can make a measurable difference.

Conclusion

If you've been arrested for a DUI in San Diego and the arrest involves prescription or OTC medication, you need a lawyer who understands the nuances—not only of DUI law but of how medications affect driving. Contact San Diego DUI attorney Joshua Price today to discuss whether the medication, your driving conduct, and the arrest process all align with the state's burden of proof. Being proactive may help protect your rights, your driving privilege, and your future.