A DUI offense is not limited to a blood alcohol concentration (BAC) above the legal limit. Use of any controlled substance, including illegal or prescription drugs that impair the ability to safely operate a vehicle is grounds for a DUI arrest.

If you are facing a drug DUI charge, your situation is not hopeless. With an experienced Santa Rosa DUI lawyer from our firm on your side, you have a solid chance of fighting your charges or negotiating for the lowest possible sentence.

When you work with our firm, you can be confident that we will aggressively defend your name. We have more than 40 years of combined experience and a proven track record of success of handling complex DUI cases, including those involving drugs.


In the late 1970’s the Drug Recognition Expert (DRE) program was developed by the Los Angeles Police Department. The purpose is threefold, to train selected DRE officers to:

-Understand and utilize the procedure for drug recognition,

-Determine whether the individual is under the influence,

-Evaluate the type of drug causing the impairment and Rule out medical conditions that could contribute to the impairment.

With the success of several studies, such as ones done by the Johns Hopkins University and the U.S. National Highway Traffic Safety Administration, DRE techniques have spread across multiple countries. Because of the reliability of DRE evidence, individuals who are charged with a DUI involving drugs should not hesitate to get the professional assistance of Attorneys Michael A. Fiumara and Justin O. Milligan.


Most people know they can be arrested for alcohol or illegal drug-related intoxication while driving, but many are surprised to learn that they can also be arrested for a prescription drug DUI. We have defended thousands of DUI cases since 1992, which gives us the knowledge and skill to fight for your best interests no matter how complex your DUI case.

Many types of substances may be involved in a DUI case, including:

Prescription pain killers, Marijuana, Cocaine, Prescription anti-addiction drugs, Heroin, Prescription anti-anxiety medications and more.

Even though use of a medication prescribed to you is not illegal, you could be arrested for driving under the influence of that medication if it is alleged that the drug affected your ability to safely operate your vehicle. If your prescription’s label has warnings such as “may cause drowsiness or dizziness,” or “do not operate a motor vehicle or heavy machinery while taking this medication,” you could be charged if pulled over by police.


It is important to understand that DUI involving drugs is more difficult to actually prove in court. So even if you were arrested, there is a good chance that with the right defense, you could avoid conviction.

In fact, the National Highway Traffic Safety Administration admits that there are challenges in creating a limit for the amount of drugs in a driver’s drug system that indicate impairment in operating a vehicle.

Talk to a lawyer right away if you are charged with this type of offense.

At Fiumara & Milligan Law, PC we can use our extensive knowledge to determine the best course of legal action to defend you. Our firm has served as counsel in a huge range of cases, and we are very well-versed in the scientific evidence and DUI defenses that can be effective in court.

Contact our firm today to get the professional defense you need! Call our office today at (707) 571-8600 in our centrally located Santa Rosa office in Sonoma County or call our office in San Rafael in Marin County at (415) 492-4507 to schedule a free and confidential case evaluation.