Is Driving on Ativan Illegal in California?

Even if you have a prescription, you may be charged with a crime if you drive on Ativan

Is Driving on Ativan Illegal in California?

For many people, anxiety is a fact of life. Ativan is often used to treat anxiety, along with other conditions, such as epilepsy and other seizure disorders. It belongs to a class of drugs known as benzodiazepines that are considered controlled substances under both federal and California law. A prescription is required for Ativan and similar drugs.

If you have a prescription, it is legal to take Ativan. It is also lawful to drive after taking Ativan — as long as you can drive like a sober person under similar circumstances. However, as a DUI defense lawyer, Los Angeles, CA can explain, if you cannot drive like a sober person under similar circumstances because you took Ativan, then you could be charged with driving under the influence of drugs. This is more commonly known as a DUI of drugs, or DUID.

Importantly, it does not matter if you have a prescription for Ativan if you are impaired by it while driving. It is against the law to drive under the influence of any drug — legal, illegal, prescription or over-the-counter — if you are unable to drive as a sober person would under similar circumstances.

There isn’t a legal limit for drugs, as there is for driving under the influence of alcohol. However, California does make it illegal to drive (1) under the influence of drugs; (2) under the combined influence of drugs and alcohol; or (3) while addicted to any drug, unless you are currently receiving treatment for the addiction in an approved program.

A DUID is a violation of California Vehicle Code 23152(f). It is a wobbler offense, which means that it can be charged as either a misdemeanor or a felony, depending on the facts of the case and your criminal history. If it is charged as a misdemeanor, a DUID can lead to jail time, probation, a fine, community service, mandatory drug education classes, and a driver’s license suspension. If it is charged as a felony offense, it is punishable by up to three years in jail and/or a significant fine of up to $1,000 (or $5,000 if someone was hurt).

An experienced DUI defense lawyer, Los Angeles, CA may be able to defend against DUID charges, including those involving Ativan. For example, your attorney may be able to argue that while you had taken Ativan, you were not “under the influence” such that you were unable to drive like a sober person under similar circumstances. Alternatively, your lawyer could argue that the police lacked probable cause to stop you, and therefore all evidence that you might have been driving under the influence must be suppressed.

If you have been charged with DUID or any other crime, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced DUI defense lawyer, Los Angeles, CA.

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