DUI & Prescription Drugs

Can You Be Convicted of DUI While Taking Lawfully Prescribed Medication in California?

Some California drivers assume that a DUI charge only applies to alcohol or illegal drugs. In reality, a person can be arrested and convicted of driving under the influence even when the substance involved was legally prescribed by a physician and taken exactly as directed.

For residents of Northern California, understanding how California's DUI laws apply to prescription medications is critical. A lawful prescription is not a defense if the medication impairs a person's ability to drive safely.

California Law Prohibits Driving While Impaired by Drugs

California Vehicle Code section 23152(f) makes it unlawful for a person who is under the influence of any drug to drive a vehicle. The law does not distinguish between illegal narcotics, over-the-counter medications, or legally prescribed drugs.

The key issue is not whether the driver possessed the medication lawfully. Instead, the question is whether the drug affected the driver's mental or physical abilities to such a degree that he or she could no longer drive with the caution of a sober and ordinarily prudent person.

As a result, drivers can face DUI charges after taking medications prescribed for legitimate medical conditions.

Common Prescription Drugs Associated with DUI Arrests

Many commonly prescribed medications have side effects that may affect driving ability. These include:

• Opioid pain medications such as hydrocodone, oxycodone, and morphine

• Anti-anxiety medications such as Xanax, Ativan, and Valium

• Sleep medications such as Ambien and Lunesta

• Certain antidepressants

• Muscle relaxants

• Some seizure medications

• Certain antihistamines and other medications that cause drowsiness

Even when a driver follows the prescribing physician's instructions, these medications can sometimes impair reaction time, judgment, coordination, or alertness.

How Prescription Drug DUI Cases Are Investigated

Unlike alcohol-related DUI cases, there is often no universally accepted numerical threshold that establishes impairment from prescription medications.

Instead, law enforcement officers typically rely on a combination of factors, including:

• Driving patterns observed before the stop

• Physical symptoms displayed by the driver

• Statements made by the driver

• Field sobriety test performance

• Observations from specially trained Drug Recognition Experts (DREs)

• Blood test results

Because many prescription drugs remain detectable in the bloodstream long after their impairing effects have worn off, the presence of a medication alone does not necessarily prove impairment at the time of driving.

Challenges in Prescription Drug DUI Cases

Prescription medication DUI cases often involve significant scientific and evidentiary issues.

For example:

• The driver may have developed a tolerance to the medication.

• The medication may have been taken hours before driving.

• The blood concentration may not correlate directly with impairment.

• Medical conditions themselves may explain symptoms observed by officers.

• Drug Recognition Expert evaluations can be subjective and open to challenge.

An experienced criminal defense attorney may examine whether law enforcement properly conducted the investigation, whether testing procedures were reliable, and whether the prosecution can actually prove impairment beyond a reasonable doubt.

Potential Penalties

A conviction for driving under the influence of prescription medication generally carries the same penalties as an alcohol-related DUI.

Potential consequences may include:

• Fines and court assessments

• Probation

• DUI education programs

• Driver's license suspension

• Increased insurance rates

• Possible jail time in some cases

Penalties can increase substantially if the case involves an accident, injuries, prior DUI convictions, or other aggravating circumstances.

Defenses to Prescription Drug DUI Charges

Every case is different, but potential defenses may include:

• Lack of actual impairment

• Inaccurate or unreliable field sobriety testing

• Improper blood testing procedures

• Medical conditions mistaken for drug impairment

• Unlawful traffic stop or detention

• Inadequate evidence connecting the medication to impaired driving

Simply because a driver had a prescription medication in his or her system does not automatically mean the prosecution can prove a violation of California's DUI laws.

Contact a Northern California DUI Defense Attorney

If you have been arrested for driving under the influence of prescription medication in Northern California, it is important to seek legal advice as soon as possible. Prescription drug DUI cases often involve complex medical and scientific issues that require careful analysis.

An experienced criminal defense attorney can review the evidence, challenge weaknesses in the prosecution's case, and work to protect your driving privileges, criminal record, and future.