If you were arrested for a San Diego DUI after having fallen asleep or driven on prescription medication, be aware of California DUI law – CALCRIM Jury Instruction No. 2110:

“It is not a defense that the defendant was legally entitled to use the drug.

If the defendant was under the influence of (an alcoholic beverage/ [and/or] a drug), then it is not a defense that something else also impaired (his/her) ability to drive.”

It is not a defense that something else also impaired (his/her) ability to drive if there is evidence of an additional source of impairment such as an epileptic seizure, inattention, or falling asleep.

California Jury Instruction – CALCRIM No. 2110 Bench Notes

If you were arrested for a San Diego DUI and you fell asleep at the wheel or took prescription drugs before driving, consult a San Diego DUI Attorney immediately.

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