Fresno, Drug DUI, Vicodin, Oxycodone, and Driving | Fresno Criminal Defense & DUI Attorney

Prescriptions Drugs, DUI's, and Driving While Impaired

Fresno Criminal Defense and DUI Attorney Jonathan Rooker commonly hears the each of the follwoing qeustions:

I got a DUI, but I have a prescription for my drugs.  I have prescription for Oxycodone, but the cop gave me a DUI anyways?  Can I get a DUI for taking Vicodin if I have a prescription?  The Doctor didn't tell me not to drive, but the officer wrote me up for a DUI because I took Oxycodone.  Can I beat a DUI for Vicodin?  Can I beat a DUI for driving after taking a Soma?  Can I get a DUI for driving after taken Oxycodone?

Prescription drugs are one of the fastest rising categories of DUI/DWI in America.  As alcohol DUI's are decreasing, and prescription drug usage increases, we are seeing a growing trend where normal, law abiding citizens are being cited for DUI due to their prescription narcotics.  Many of the defendants are elderly, have medical problems, and have taken the same prescription for a lengthy period of time.  One day they are stopped, many times due to an accident, equipment violation, or small regulatory offense such as a inoperable break light or inoperable license plate illumination light, and subsequently cited for DUI.

Time and time again we see blood levels of the active ingredient in the prescription drug being will within therapeutic levels, a good indicator the narcotic is not being abused.  Other time the individual had taken their prescription immediately before driving home from work.  They are cited a few miles up the road, and a lengthy procedure occurs before the defendant is even taken to have their blood drawn.  Many times their level at the time of driving is much lower than the level at the time the blood is drawn.  This is because the pill takes time to enter the blood stream.  Many drugs a what is called "Protein binding" which means the molecule must bind with a protein to cross the blood brain barrier.  If the drug does not cross the blood brain barrier, it will not impair a person's driving.  Different people bind at different levels.  This means the raw testing of a person's blood or urine is not completely accurate as to understanding the level of impairment.  As people age, their bodies become less able to protein bind, meaning it is less effective, and less likely to impair them at the same concentration in their bodies as a younger person's body.

Fresno DUI Attorney | Madera DUI Attorney If you've been cited, you need to know what to do next. Help your attorney help you, contact me as soon as possible

Glass chess

Fresno DUI Lawyer Jonathan Rooker: Fresno area law enforcement agencies have some of the strictest DUI enforcement policies in the Nation. The first decision an officer makes during the DUI enforcement is the decision to stop the vehicle. It may be a driving pattern, maintenance infraction, tinted windows, or other issues the lead the officer to make that decision. The next decision is whether to have the driver exit the vehicle and conduct a DUI investigation. Factors include odor or alcohol, red watery eyes, and slurred speech. Timely stopping, parking, and fumbling with a license or insurance paperwork, all influence the officers decision to continue the investigation. Once outside the vehicle the subject may sway or have trouble following directions. At the conclusion of the third stage, the officer decides if there is probable cause for an arrest. If you are arrested, there are steps you should take on your own behalf. It is important for anyone cited for DUI to contact the DMV within 10 days to preserve their right to an Admin Per Se Hearing in front of a DMV officer. Failure to contact the DMV within 10 days may result in the suspension of your driving privilege. Remember, the officer arrests at probable cause, but it takes proof beyond a reasonable doubt to convict. If the officer does their job right, a large percentage of the people should be found not guilty.

Fresno Criminal Defense Attorney: Sometimes good people need help during tough times

D v

Fresno & Madera Criminal Defense Lawyer Jonathan Rooker: Domestic Violence (DV) charges, punishments, and your rights is something you need to understand if you've been accused. DV charges can result in a sentence of probation, jail, and/or prison. DV can be charged under various sections including PC 243(E) or the more serious PC 273.5 Felony (DV) accusation. Many convictions result in being sentenced to a 52-week program, referred to as the Batterers Treatment Program (BTP). The right to own, possess, or use a Firearms, a serious issue for many people who grew up in the rural valley hunting, fishing, and target shooting can be lost forever. While Judges routinely advise those convicted of misdemeanor Domestic Violence that they will be prohibited from owning firearms for 10-years, the Federal Government will preclude gun ownership for the remainder of the persons life if they are convicted of a misdemeanor crime of domestic violence. It is important that the court knows you are a law abiding, upstanding, and productive member of society. Don't let an accusation turn into a lifetime of being stigmatized as a criminal.

"Criminal defense is about helping good people, that is what I do." Jonathan Rooker


Experienced Fresno and Madera County Criminal Defense Attorney Jonathan Rooker understands the needs of each client are quite unique to each individual client. Some clients are looking to keep their drivers license, others are looking to avoid long periods of incarceration. Many times pride and principles are cited for the client's motivation to achieve a particular resolution to their case. Many clients just want to put their life, family, and career back together. It is the responsibility of the defense attorney to coordinate and effective defense for the benefit of the client. It is essential that I provide the best defense for the individual person and their specifically tailored needs in life. I will help you by building the best defense that the facts allow. One important aspect of hiring a private attorney is the time they spend listening to your needs, and working to obtain an effective resolution under the circumstances. When these problems arise, it's time to reach out for a helping hand. I handle criminal defense cases on a daily basis, helping people with their issues. Let me help you.