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Can You Be Charged with DUI in Bakersfield After Taking Over-the-Counter Medication?

Posted by Christopher Martens | May 15, 2026 | 0 Comments

Can You Be Charged with DUI in Bakersfield After Taking Over-the-Counter Medication?

Many people assume DUI charges only involve alcohol or illegal drugs.

But in Bakersfield, you can face DUI charges even after taking legal over-the-counter medication.

What matters under California law is not whether the substance was legal—it is whether it impaired your ability to drive safely.


Common medications involved in these cases

Certain over-the-counter medications may cause:

  • Drowsiness
  • Slowed reaction time
  • Dizziness
  • Impaired judgment

Examples can include some:

  • Cold and flu medications
  • Allergy medications
  • Sleep aids
  • Cough syrups

Even medications purchased legally at a pharmacy may affect driving ability.


How these DUI investigations begin

A DUI investigation involving medication may begin after:

  • Erratic driving
  • A traffic stop
  • An accident
  • Officer observations suggesting impairment

Officers may then investigate whether medication played a role.


What evidence may be used?

In these cases, prosecutors may rely on:

  • Officer observations
  • Statements made during the stop
  • Field sobriety tests
  • Blood testing
  • Medication packaging or admissions of use

Unlike alcohol-related DUIs, these cases can be more subjective.


Why these cases can be complicated

Over-the-counter medication DUI cases may raise important questions, such as:

  • Whether the medication actually caused impairment
  • Whether another explanation exists for the driving behavior
  • Whether testing procedures were reliable
  • Whether fatigue, illness, or other factors played a role

These issues often require careful review.


What you should do now

If you were arrested for DUI in Bakersfield after taking over-the-counter medication:

  1. Do not assume legality means the charge will disappear
  2. Preserve information about the medication taken
  3. Document timing, dosage, and symptoms
  4. Avoid discussing your case publicly
  5. Speak with a DUI lawyer as soon as possible

Early review can identify important issues.


Speak with a Bakersfield DUI lawyer today

If you are facing DUI charges in Bakersfield involving over-the-counter medication, Martens Law Firm can review your case and help you understand your options.

📞 Call (661) 336-9335 for a free consultation.

Written by Martens Law Firm

About the Author

Christopher Martens

Bio Visalia and Bakersfield criminal defense attorney who has dedicated his life to helping those who have been accused of crimes or injured due to the negligence of others.

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