DUI Xanax Tustin | DUI Klonopin Tustin

If you have received a DUI for being under the influence of Klonopin, Xanax, in Tustin, because you were given a urine or blood test that was positive for the presence of Xanax, Klonopin, or other prescription Anxiety medication, you should contact DUI Lawyer and get in touch with a law firm that works with a team of professionals on the matter and that knows how to handle those particular kinds of DUI charges.

Xanax and Klonopin are prescription medications containing Benzodiazepines that help patients who suffer from Anxiety, Social Phobias, and Insomina to become relieved of these symptoms, thereby allowing a stronger control over their thoughts and actions. Unfortunately, the main ingredient in these medications is usually categorized as a Benzodiazepine, a potent substance that creates a sense of sleepiness and drowsiness in its user… for a short period of time.

Why Do Anxiety medications cause problems with driving?

DUIs for Xanax, Klonopin or other Benzodiazepines often occur because drivers who take such medications may suffer from high anxiety, however the medication is known to cause drowiness and may impair driving. As a result, drivers may fall asleep at the wheel, swerve their vehicle or even cause a car crash. Additionally, a DUI charge for Klonopin, Xanax and Benzodiazepines can cause drivers to jerk their steering wheels, or make efforts to stay awake while driving, often leading to a DUI for Xanax in Tustin.

How can DUI Lawyer Tustin help you win your case?

Despite the possible legal problems of a DUI for Xanax or Klonopin in Tustin there are studies that show a driver can possibly be able to drive better than when not on the prescription anxiety medication. This fact is in the clients favor. Additionally, there are no warning labels on Xanax asking users to refrain from driving a motor vehicle specifically. Technically, if you are pulled over by a police officer and it is discovered that you have been taking Xanax, Klonopin or a similar sustance, are then charged with a DUI, for being under the influence, there are plausible defenses to such a case, including the defense that you are not “actually impaired”.

Our team of lawyers would ask for a blood split to determine when the last time the drug was used, and if so, the relative quantity of the drug. If we can show that the driver was either more alert, or not under the influence of Xanax, then a DUI for Xanax or other Anxiety Medication may not stick in Court.

DUI Prescription Drugs Lawyer Tustin | DUI Xanax Lawyer Tustin | DUI Klonopin Lawyer

A DUI for Xanax, or Klonopin based substances falls under the law for a DUI for Drugs in Tustin.

First, let DUI Lawyer in Tustin give you the relevant law. The law that is applicable to this crime, DUI for Drugs in Tustin is as follows:

Driving Under Influence of Alcohol or Drugs

23152. (a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.

(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

(e) It is unlawful for a person who is under the influence of any drug to drive a vehicle.

(f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

(g) This section shall become operative on January 1, 2014.
Amended Sec. 2, Ch. 753, Stats. 2012. Effective January 1, 2014.

The above law was amended and reinstated to include the new narcotics treatment program approved by the Health and Safety Code.

Defense to DUI Xanax or DUI Klonopin

What is the possible outcome of a criminal charge for DUI for Xanax, Klonopin or Ritalin?

Depending on the amount of the drug in your system at the time, we can make a case that you were not “actually impaired”.

Additionally, if the police officer did not stop you for the right reasons or had no reason at all, there will not be probable cause and it may be possible the case could be dismissed by the prosectution.

What Should I do about a DUI for Xanax, Klonopin or Ritalin?

Contact DUI Lawyer Tustin today for a free consultation regarding your case. We will look at your personal history, the facts surrounding the alleged charges and the possible outcomes with you at no cost.