"
", by 
,
Licensed under 
CC BY 2.0

Can Prescription Drugs Lead to a DUI Charge?

While many people are aware that alcohol can result in a DUI charge (driving under the influence), fewer realize that prescription drugs can also lead to similar legal consequences if they impair a person’s ability to drive. Medications such as painkillers, anti-anxiety medications, and antidepressants can affect a person’s cognitive and physical abilities, leading to impaired driving. In California, driving under the influence of prescription drugs can result in DUI charges, with potentially severe consequences.

This blog will explain how prescription drugs can result in DUI charges, how law enforcement detects drug impairment, and the possible defenses individuals facing such charges may use.

Prescription Drugs and Impaired Driving

Prescription medications are intended to treat medical conditions, but many can affect a person’s mental and physical abilities, making driving dangerous. Common classes of prescription drugs that can impair driving include:

A) Painkillers (Opioids)

Painkillers, especially opioids like oxycodone, hydrocodone, and morphine, are among the most common prescription drugs linked to DUI charges. These medications can cause drowsiness, impaired reaction time, and difficulty concentrating—effects that can compromise driving ability.

B) Anti-Anxiety Medications (Benzodiazepines)

Medications like Valium, Xanax, and Ativan are frequently prescribed to treat anxiety and panic disorders. However, these drugs can cause dizziness, blurred vision, and slowed reflexes. Taking these medications while driving can increase the risk of accidents and lead to drugged driving charges.

C) Antidepressants

Certain antidepressants, particularly SSRIs (Selective Serotonin Reuptake Inhibitors) and SNRIs (Serotonin-Norepinephrine Reuptake Inhibitors), can cause side effects such as drowsiness, dizziness, and difficulty focusing. These side effects can impair driving, especially in the initial stages of medication adjustment.

D) Other Medications

Many other prescription medications—such as sleep aids, antihistamines, and muscle relaxants—can cause impairment that affects the ability to drive safely. Even if a person is following their doctor's instructions, these medications can still impair driving and result in DUI charges if they are found to be under the influence while driving.

How Law Enforcement Detects Drug Impairment

Detecting impairment due to prescription drugs can be more challenging for law enforcement than detecting alcohol impairment, as there is no easy roadside test for many drugs. However, officers use a combination of methods to assess whether a driver is under the influence of drugs, including:

A) Field Sobriety Tests (FSTs)

Field sobriety tests are often used to assess a driver’s physical and mental abilities. These tests include walking a straight line, standing on one leg, and following an officer’s instructions. While FSTs are typically used to detect alcohol impairment, they can also identify signs of impairment caused by drugs, including prescription medications.

B) Drug Recognition Experts (DREs)

California has Drug Recognition Experts (DREs) who are specially trained officers skilled in detecting drug impairment. If an officer suspects a driver is impaired due to drugs, they may call upon a DRE to conduct an assessment. The DRE uses a 12-step evaluation process to determine whether the driver is under the influence of drugs, including prescription medications.

C) Blood Tests and Urine Tests

If a driver is suspected of being impaired by drugs, a blood test or urine test may be administered to detect the presence of drugs in the driver’s system. These tests can identify whether prescription medications are in the driver’s bloodstream, helping to establish the presence of impairment.

The Legal Implications of Prescription Drug DUIs

In California, driving under the influence of prescription drugs is treated similarly to DUI offenses involving alcohol. If convicted, individuals can face significant legal consequences, including:

A) Penalties for Prescription Drug DUI

The penalties for a DUI due to prescription drugs in California can be severe, depending on factors such as prior DUI offenses, whether the DUI resulted in an accident, and the presence of any aggravating circumstances. Potential penalties include:

1. License Suspension: The California Department of Motor Vehicles (DMV) may suspend or revoke the driver's license for a period ranging from a few months to several years.

2. Fines and Court Fees: Fines for DUI offenses can range from hundreds to thousands of dollars, in addition to court fees and mandatory DUI education programs.

3. Jail Time: Jail time may be imposed for a first offense, and additional time may be added for repeat offenses or aggravating factors, such as having a child passenger in the car or causing an accident while under the influence.

4. Probation and DUI Education Programs: In some cases, a defendant may be placed on probation and required to attend DUI education or treatment programs, especially if the offense is a first-time occurrence.

5. Increased Penalties for Subsequent Offenses: If a person has a history of DUI offenses, they may face harsher penalties for subsequent charges involving prescription drugs or other substances.

B) The Impact on Employment

A DUI charge due to prescription drugs can also affect a person’s job, particularly if the individual holds a professional license. Medical professionals, for example, may face disciplinary action from licensing boards, which could result in license suspension or revocation. It may also impact other job-related activities, including driving-related work duties and commercial driving.

C) Insurance Consequences

A DUI conviction can lead to higher insurance premiums or even the cancellation of a person’s auto insurance policy. If the DUI charge is based on prescription drug use, this could still result in an increase in premiums or loss of coverage.

Defenses Against Prescription Drug DUI Charges

If you have been charged with DUI due to prescription drug use, there may be several legal defenses available, including:

A) Prescription Drug Use Was Legal

In some cases, individuals may be able to prove that they were legally using prescription drugs as prescribed by a licensed medical professional. While it is legal to drive with a prescription, the key is whether the drug impaired your ability to drive safely. An attorney can argue that the prescription drug use did not result in impairment.

B) Improper Drug Testing Procedures

If the drug tests administered were improperly conducted or the blood or urine samples were mishandled, the results could be challenged in court. For example, false positives can occur, and evidence of this could help reduce the charges or lead to dismissal.

C) Lack of Impairment

Even if prescription drugs are found in a person’s system, there may not be sufficient evidence to show that the driver was impaired at the time of the stop. An experienced DUI attorney can argue that the driver’s impairment was minimal or that the evidence does not prove significant impairment.

D) Inaccurate Field Sobriety Test Results

Field sobriety tests are subjective and can be influenced by many factors unrelated to drug impairment, such as fatigue, anxiety, or medical conditions. A defense attorney may argue that the results of FSTs were inaccurate, especially if the individual had valid reasons for performing poorly on the tests that were unrelated to drug impairment.

Protecting Yourself from Prescription Drug DUI Charges

To protect yourself from potential DUI charges involving prescription drugs, consider the following tips:

- Know the Side Effects: Be aware of how your prescription medications affect your ability to drive. If you are uncertain about whether a medication may impair your driving, consult your doctor or pharmacist before getting behind the wheel.

- Avoid Driving When Impaired: If you feel drowsy, dizzy, or unable to focus due to medication, it’s best to avoid driving. Arrange for alternative transportation if necessary.

- Keep Documentation: Always carry a copy of your prescription and follow the prescribed dosage. This can help demonstrate that you were using the medication as directed.

- Consult a DUI Attorney: If you are facing charges for driving under the influence of prescription drugs, consult an experienced DUI attorney who can help defend you in court and navigate the complex legal landscape of drug impairment and DUI laws.

Conclusion

While prescription drugs are legal when used as prescribed, they can still lead to DUI charges if they impair your ability to drive. Medications like painkillers, anti-anxiety drugs, and antidepressants can affect judgment, coordination, and reaction time, making driving dangerous. In California, driving under the influence of prescription drugs is treated seriously and can result in severe penalties.

If you are facing a DUI charge due to prescription drug use, it is essential to understand your legal rights and options. Consulting with a knowledgeable DUI attorney can help you navigate the legal process and explore possible defenses to minimize the impact of the charges.

H Law Group Online

Legal Tips straight to your inbox!

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
No spam. Unsubscribe anytime.