Can Prescription Medications Lead to a California DUI?
When most people think of driving under the influence (DUI), they think about a person getting behind the wheel after drinking hard liquor. But California’s DUI laws also apply to people who drive under the influence of drugs. Surprisingly, these laws even apply to people who drive under the influence of prescription medications.
This article discusses how California’s DUI laws apply to prescription drugs. It also addresses the penalties for a DUI based on prescription drug use. Finally, it explains how a Marin County DUI attorney can help.
California DUI Law and Prescription Drug Use
Section 23152(f) of the California Vehicle Code says, “It is unlawful for a person who is under the influence of any drug to drive a vehicle.” To get a conviction under this Section, a prosecutor must show:
- That the person was driving a vehicle, and
- That they were under the influence of a drug.
In California, driving means causing the intentional, actual movement of a vehicle, even if slight. The relevant California jury instructions say that a drug is “a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would appreciably impair his or her ability to drive.”
While “drive” and “drug” are both fairly straightforward, “under the influence” requires a little more attention. The relevant jury instructions say, “A person is under the influence if, as a result of taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.” In other words, a person is impaired for DUI purposes when a drug affects their ability to drive a car in a manner that a reasonable, sober person would.
Here’s where things can get complicated. DUI law has established clear lines around driving and alcohol use. Judges can tell juries that a blood alcohol concentration (BAC) of 0.08 or higher can be used to conclude that a person is intoxicated. But each drug is different, so there aren’t clear lines for intoxication as there are in alcohol cases. Despite this, prosecutors can use other evidence, such as the officer’s observations, chemical blood tests, and field sobriety tests, to prove that you were not able to drive as well as a reasonable, sober driver.
Two things should be noted. First, prosecutors can’t rely solely on how you were driving. It can be part of the case, but it cannot be the whole case. Second, having a prescription drug in your bloodstream is not enough for a conviction. The key is impairment. In other words, if the prosecutor shows that there were drugs in your system but offers absolutely no proof that the drug affected your ability to drive, the case will likely fail.
Can You Get a DUI If You Have a Valid Prescription in California?
In short, “Yes.” Section 23152 of the California Vehicle Code bans driving while under the influence of alcohol. Section 23152(f) goes further, stating, “It is unlawful for a person who is under the influence of any drug to drive a vehicle.”
Some people may think that having a valid prescription is a defense to a California DUI charge. This is likely because having a prescription is a defense to certain crimes involving the possession of prescription drugs. However, it is not a defense in the DUI context. Section 23152(f) does not include an exception for prescription drugs. In fact, Section 23630 of the Vehicle Code says that legal use – such as having a prescription and using a drug in accordance with it – is not a defense to a violation of Section 23152.
Which Prescription Medications Are Likely to Lead to a DUI Arrest?
When doctors prescribe a drug, they are thinking about helping you feel better. But many drugs have side effects. Some of these side effects, such as dizziness, drowsiness, blurred vision, or loss of movement or coordination, can affect a person’s driving abilities.
Many drugs can impact driving. According to the Food and Drug Administration, some common prescription drug categories that may cause driving issues include:
- Anti-Anxiety Meds (Benzodiazepines) (e.g., Xanax (alprazolam), Klonopin (clonazepam)
- Antipsychotics (e.g., Seroquel (quetiapine), Abilify (aripiprazole))
- Antiseizure Meds (e.g., Neurontin (gabapentin))
- Motion Sickness Meds (e.g., Antivert (meclizine))
- Muscle Relaxants (e.g., Flexeril (cyclobenzaprine))
- Opioids (e.g., Vicodin (hydrocodone-acetaminophen)
- Sleeping Aids (e.g., Ambien (zolpidem), Silenor (doxepin)
- Stimulants (usually prescribed for diet control or alertness) (e.g., Adderall (mixed amphetamine salts), Ritalin (methylphenidate)
This is far from a complete list. Different medications affect different people differently. Also, food, alcohol, and other prescriptions can change how a drug affects the body. Whenever you are prescribed a new medication, be sure to ask your doctor or pharmacist how it might affect your driving – whether alone or in combination with items. And if a drug has a warning label that says, “Do not drive or operate machinery after taking this medicine,” take it seriously.
What Are the Penalties for a Prescription Drug DUI in California?
The penalty for any DUI depends on several factors, including whether it’s a first offense or whether someone was seriously injured. Generally, a first-time DUI offense – whether influenced by alcohol or drugs – carries a penalty of up to six months in county jail along with three to five years of probation. These penalties increase greatly for subsequent offenses. Additionally, any DUI conviction can result in the loss of driving privileges.
What Defenses Are Available in a California Prescription Drug DUI Case?
There are many defenses to a DUI charge. Your Marin County defense attorney can argue that you weren’t impaired based on the facts. Additionally, your attorney can:
- Argue that something other than drug use (e.g., a medical condition) affected you
- Contest the blood test results
- Challenge the findings of the Drug Recognition Expert (DRE)
- Argue that the stop that led to your arrest violated constitutional rules
How a Marin County DUI Defense Lawyer Can Help with a Prescription Drug DUI
DUI is a serious charge that can affect your life for years. But you don’t have to handle it alone. An experienced Marin County DUI lawyer can help you in several ways, including:
- Investigating your case
- Hiring experts to support your claims
- Arguing for reduced charges
- Representing you at trial
If you’ve been charged with a prescription drug DUI and need legal representation, contact Brownstein Law Group. We provide every client with aggressive, intelligent, and experienced representation. Call 415-795-9059 or use our online contact form to schedule an appointment.