The National Highway Traffic Safety Administration (NHTSA) reports that more than fifty percent of motorists involved in serious vehicle collisions test positive for either drugs or alcohol. Driving under the influence doesn’t only apply to drunk driving. A DUI charge can result from alcohol, prescription drugs, illegal drugs, or even over-the-counter medication that affects safe driving.
At The Law Offices of Frances Prizzia, we defend clients accused of DUI offenses involving any substance that impairs reaction time or judgment. Our DUI legal team in California understands how different substances affect the body and how California law treats each case. We help protect your driver’s license, your rights, and your future after a DUI arrest.
Many people think DUI cases only involve alcohol, but that isn’t true. Under California Vehicle Code 23152, driving under the influence includes operating a motor vehicle while impaired by alcohol, drugs, or any controlled substance. Even a prescribed medication can cause a DUI offense if it impacts alertness or coordination. Law enforcement officers evaluate impairment using chemical tests, such as breathalyzers or blood tests, and standardized field sobriety tests during a traffic stop.
A DUI can result from substances that slow your reaction time, blur your vision, or raise your pulse rate and blood pressure. These impairments make it unsafe to drive and can lead to criminal charges, license suspension, and steep fines. California law treats drugged driving and alcohol intoxication under similar per se laws. Whether the chemical was inhaled or ingested, we work to ensure that every client receives fair treatment during the legal process and a strong defense against serious penalties.
Alcohol remains the leading cause of DUI arrests across the United States. Most cases involve drivers who show clear signs of alcohol-related impairment, such as slurred speech, delayed reaction, or loss of coordination. Police officers use breath alcohol tests, standard field sobriety tests, and blood tests to measure blood alcohol content (BAC). At The Law Offices of Frances Prizzia, we defend clients accused of operating while intoxicated and fight to protect their driver’s license and freedom.
In most states, the legal blood alcohol concentration limit is 0.08%. However, for commercial drivers or those under 21, the limit is much lower. California law follows this standard under Vehicle Code 23152. Drivers who exceed this level face arrest and possible felony charges if an accident occurs.
The California Highway Patrol and local police often check for alcohol intoxication using chemical tests, such as a breath alcohol test or a blood test. Even a small amount of alcohol can raise your blood alcohol level enough to impair judgment and lead to a criminal offense. We examine how each chemical was inhaled or ingested, review lab reports, and challenge any errors made during testing or at the traffic stop.
The penalties for alcohol DUIs vary depending on the driver’s blood alcohol content, prior offenses, and the details of the case. First-time offenders may face misdemeanor charges, while repeat violations or reckless driving incidents often lead to felony charges. Common penalties include:
We help clients reduce these penalties and work toward favorable outcomes in their court convictions or hearing examiner reviews.
DUI charges don’t apply only to alcohol. Under California law, drivers can face criminal charges for impaired driving caused by prescription drugs, over-the-counter drugs, or illegal substances. Drug-related DUIs often involve a chemical that alters mood, alertness, or coordination. We help clients understand the specific laws for each controlled substance and fight to protect their rights after an arrest.
Even legal prescriptions can lead to a DUI if they cause drowsiness or slow reaction time. Drugs such as OxyContin, hydrocodone, and other narcotic analgesics are common causes of impaired driving cases. Sedative-hypnotics and benzodiazepines, which treat anxiety or sleep issues, can also affect safe driving. When a driver shows symptoms like dilated pupils, confusion, or poor coordination, police may conduct field sobriety tests or request a blood test.
We carefully examine whether the driver followed dosage instructions or if a mix of substances caused the impairment. Our criminal defense attorneys also investigate how the chemical was inhaled or ingested and whether the arrest followed lawful procedures.
Over-the-counter drugs like allergy, sleep, or cold medicines may seem harmless, but they can still cause impaired driving. Many of these medications slow reaction time and reduce focus. Police officers can arrest drivers who fail standard field sobriety tests, even without illegal drugs or alcohol in their system.
We’ve seen drivers face DUI charges after taking cough syrup or drowsy antihistamines. These cases often involve unfair assumptions and a lack of medical understanding. We help clients present evidence from doctors or pharmacists and fight to have weak or inaccurate charges dismissed.
Illegal drugs cause some of the most severe DUI penalties under California law. Controlled substances like marijuana, cocaine, methamphetamine, and heroin are classified as Schedule 1 controlled substances and carry harsh punishments. Using these substances while operating a vehicle can lead to reckless driving charges, jail time, and a suspended driver’s license.
Chemical tests may detect drugs in the blood long after use, which can complicate DUI cases. Police often rely on blood tests to measure active substances, but these results aren’t always reliable. At The Law Offices of Frances Prizzia, we defend clients accused of drugged driving and challenge weak evidence to protect their future and driver’s license from long-term damage.
Even though cannabis is legal for recreational or medical use in many states, driving while impaired by marijuana remains illegal everywhere. California law treats marijuana DUIs the same as alcohol or drug-related offenses. Police officers can still arrest if they believe a driver’s coordination, focus, or reaction time is affected. At The Law Offices of Frances Prizzia, we defend clients accused of marijuana-related DUIs and help them protect their driver's license and future.
Unlike alcohol, marijuana impairment is difficult to measure with precision. THC, the active chemical in cannabis, can stay in the body for days or weeks after it’s inhaled or ingested. This makes it hard for chemical tests to prove actual impairment at the time of driving. Breath tests cannot measure THC accurately, and blood tests may show positive results even when the driver is no longer impaired.
We review every detail of the testing process to find weaknesses in the prosecution’s case. Our defense team checks whether law enforcement followed proper procedures and if the results align with the driver’s actual behavior on the road. In many cases, inaccurate THC results or procedural errors can lead to reduced penalties or dismissed charges.
The penalties for marijuana-related DUIs in California are serious. Even first-time offenders can face fines, jail time, and license suspension. A court conviction may also lead to mandatory education or treatment programs designed to prevent future impaired driving.
Typical penalties include:
We fight to protect our clients from these harsh outcomes and help them regain driving privileges after a hearing examiner review.
Mixing substances—such as alcohol, opioids, and prescription drugs—creates a higher level of impairment. Polydrug DUIs occur when multiple chemicals inhaled or ingested affect a person’s coordination or judgment. Even a mix of cannabis and alcohol can drastically slow reaction time and increase the risk of a vehicle crash.
Prosecutors treat these cases seriously because combined substances often make a driver far more dangerous. A person charged with a polydrug DUI may face harsher fines, longer jail sentences, or felony charges if injuries occur. Experienced criminal defense attorneys investigate whether the evidence truly supports claims of combined substance use. We use toxicology reports, expert witnesses, and field sobriety test results to challenge weak or misleading accusations.
Police officers rely on physical and chemical testing to determine whether a driver is impaired. These tests help establish probable cause for arrest, but they are not always reliable. We help clients understand their rights during traffic stops and examine whether law enforcement followed California law during testing.
During a traffic stop, officers may use standard field sobriety tests to check balance, coordination, and focus. These include tasks like walking in a straight line, following a moving object with the eyes, and standing on one leg. Officers may also use a breathalyzer or other breath alcohol test to estimate blood alcohol content.
However, these tests are not foolproof. Fatigue, nerves, or medical conditions can affect performance and lead to unfair DUI arrests. We evaluate police reports and body camera footage to identify errors or misconduct.
When officers suspect drug use, they often request a blood or urine test to detect opioids, cannabis, or other controlled substances. Toxicology screens can reveal what chemicals were inhaled or ingested, but don’t always show active impairment.
Errors in handling samples can cause false positives or unreliable results. Our team reviews laboratory records, testing timelines, and chain-of-custody documents to identify mistakes. If a lab error or contaminated sample is found, we push to have the evidence dismissed.
DUI charges may seem overwhelming, but many can be challenged successfully with the right legal defense. We tailor every strategy to fit the facts of each case and focus on protecting the client’s rights and driver's license.
One of the most common defense strategies involves challenging how the evidence was collected and stored. Breath, blood, and urine samples must follow strict testing procedures. If a chemical test is mishandled or stored improperly, it may be invalid.
We also look for gaps in the chain of custody, missing records, or inconsistencies in how the California Highway Patrol or local police processed evidence. Even small procedural mistakes can lead to reduced or dismissed charges.
In some cases, the prosecution cannot prove that the driver was actually impaired. A person may test positive for cannabis or prescription medication without showing unsafe behavior or reckless driving. THC and opioids can remain in the system long after their effects wear off.
We gather medical records, expert opinions, and witness statements to prove the driver was not impaired at the time of the traffic stop. Our goal is to ensure that no one faces a criminal offense without clear, reliable evidence of wrongdoing.
At The Law Offices of Frances Prizzia, our team of DUI defense attorneys in California has years of experience handling all types of impaired driving cases. We defend clients accused of operating while intoxicated, marijuana DUIs, opioid-related DUIs, and polydrug offenses. Our approach combines careful investigation, strong courtroom advocacy, and a deep understanding of California’s DUI laws.
Here’s how we help:
We believe every client deserves strong legal representation and a second chance. Contact us today to speak with a qualified criminal defense lawyer and learn how we can help with your DUI case representation.
Can I get a DUI for prescription drugs?
Yes. Even legally prescribed medications can lead to DUI charges if they impair safe driving. Drugs like opioids, sedative-hypnotics, or benzodiazepines may slow reaction time and alertness.
How long does THC stay detectable after marijuana use?
THC from cannabis can remain in your system for days or weeks, depending on how often it’s inhaled or ingested. This makes chemical testing for impairment difficult to interpret.
What is the legal BAC limit for DUI in California?
Under California law, the legal blood alcohol content limit is 0.08% for most drivers. For commercial drivers or underage drivers, the limit is even lower.
Can I refuse a breath or blood test?
You can, but refusal may result in automatic driver's license suspension under implied consent laws. We help clients handle these legal consequences during DMV and court proceedings.
Do over-the-counter drugs really cause DUI arrests?
Yes. Some over-the-counter drugs can cause drowsiness, slowed reaction time, or blurred vision. Police may arrest a driver for impaired driving if these effects make operating a vehicle unsafe.
What should I do if I’m charged with a drug-related DUI?
You should contact a qualified DUI defense lawyer right away. We review evidence, challenge test results, and build a strong legal defense to protect your rights.
DUI charges involving alcohol, cannabis, or prescription drugs can lead to serious penalties. Jail time, fines, and driver's license suspension can impact your future and freedom. At The Law Offices of Frances Prizzia, we understand how stressful a DUI arrest can be. We offer skilled legal defense and personal attention to every client we represent.
Our team of experienced criminal defense lawyers investigates every detail of your case—from field sobriety tests to chemical results—to uncover errors or rights violations. If you’re facing a DUI involving drugs or alcohol, contact our DUI defense lawyer today for a free consultation. We’ll guide you through the process and fight for the best outcome possible.
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