It was reported in the OC Register by Larry Welbourne recently, that Patricia Izquieta of Riverside, was sentenced to three years in prison after pleading guilty for the hit-and-run death of Donald Murphy. The incident happened on December 9, 2009 in Newport
Beach. Izquieta was driving a motor vehicle under the influence of prescription medications, including methadone and clonazepam when the Saturn SUV she was driving left the roadway and struck Murphy as he was bicycling. Murphy died the next day due to severe head and neck injuries.
It is unlawful to drive a motor vehicle while under the influence of alcohol or any other drug, whether it is prescribed, recommended or illegal by Vehicle Code 23152. Under the California vehicle code, “Under the influence” is defined as a result of taking a drug, the person’ s mental or physical abilities are so impaired that the person is no longer able to drive a motor vehicle with the caution of a sober person, using ordinary care, under similar circumstances.
Therefore the mere fact of ingesting a drug even a prescription medication does not necessarily mean one’s level of impairment is to the level of a DUI. Officers may request the driver of the vehicle perform field sobriety tests, including a Preliminary alcohol screening test. While this test will only detect the levels of alcohol in your system, arrestees may also be required to submit to their choice of a urine or blood test under Vehicle Code 23612.
If you or a loved one is facing a DUI for being under the influence of prescription medications, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with DUI’s. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at (877) 466-5245. We will be there when you call.