Driving under the influence of painkillers or any other drugs is illegal in the State of California. California Vehicle Code Section 23152(f) VC makes it a crime for a person to drive under the influence of drugs, including prescription and nonprescription painkillers. So, if you ever choose to take painkillers, such as Vicodin, Percocet, codeine, oxytocin, and other painkillers, keep in mind that even if they’re prescribed to you, you can still be charged with and convicted for driving under the influence of drugs.
You should not use a painkiller DUI lightly as a conviction of painkiller DUI carries a jail sentence of up to six months, payment of hefty court fees and fines, and suspension of your driver’s license. So, if you have been charged with driving under the influence of painkillers, you should immediately contact an experienced painkiller DUI defense attorney at The H Law Group to represent you and defend you.
Our attorneys have defended thousands of clients charged with DUIs, so they have the knowledge and experience necessary to achieve the best possible outcome for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
For the prosecution to convict a person of a painkiller DUI, the prosecution must prove a number of elements beyond a reasonable doubt. If the prosecutor fails to prove even one element, he will not be able to convict the defendant of a DUI involving painkillers.
The prosecution must prove the following three elements:
Note: If you’re arrested for driving under the influence of nonprescription drugs or painkillers, the prosecution can also bring charges against you for violating California Health and Safety Code Section 11350 HSC, which makes it a crime for a person to have possession of drugs for which he does not have a valid prescription. Also, the fact that you were using a painkiller such as Vicodin as prescribed to reduce pain or recreationally, the penalties are the same.
To convict the defendant of a painkiller DUI in violation of VC 23152, the prosecution will point to the police officer’s observations and chemical testing. Observations include things, such as drowsiness, droopy eyelids, constricted pupils, red bloodshot eyes, and nausea. A good painkiller DUI defense will defend you by providing the court with an innocent reason for what the police officer observed.
If the prosecution convicts a person of driving under the influence of a painkiller, he faces the following potential penalties and consequences:
Note: If you have three prior DUI convictions or three prior wet reckless convictions, the fourth DUI will be charged as a felony DUI. Also, if this is your first painkiller DUI and you injured a person while driving under the influence of painkillers, you can be charged with a felony painkiller DUI.
If you have been charged with a DUI involving a painkiller, there are a number of defenses that your attorney can make to defend you. Here are some of those defenses:
Justin injures his foot while playing soccer. The doctor prescribes Justin a painkiller known as Vicodin. The label of the medication states that the medication causes drowsiness and that he should operate vehicles and heavy machinery with caution while taking the medication. Justin decides to take his medication and go out for a drive. As he’s driving, he feels drowsy and swerves a little. An officer pulls him over and discovers that he’s been driving while under the influence of Vicodin. Justin can be charged and convicted of a painkiller DUI because Vicodin impaired his ability to safely drive a vehicle.
There are a variety of medications and opioids that can land you in the unfortunate situation of driving under the influence of drugs (DUID). These painkillers include the following medications:
Note: Any drug that has the ability to make you drowsy and affect your ability to drive a vehicle can be the basis for the prosecution to charge and convict you of driving under the influence of drugs in violation of California Vehicle Code Section 23152(f) VC.
If you or a loved one has been charged with driving under the influence of a painkiller, you should immediately contact an experienced DUI Defense Attorney to represent you and keep you from going to jail and losing your driver’s license for a long period of time. Our painkiller DUI defense attorneys have handled thousands of DUI cases, so they have the knowledge and experience necessary to achieve the best possible results for you. Schedule your free consultation by filling out the contact form below or by calling us at 1 (213) 370-0404.
Yes, even if you have a prescription, you can be charged with a DUI if you are found to be impaired while driving under the influence of Ambien. The law prohibits driving under the influence of any substance that affects your ability to drive safely.
Officers may rely on field sobriety tests, observations of driving behavior, and blood tests to check for the presence of Ambien in your system. However, proving impairment from Ambien can be more difficult than with alcohol.
Yes, some people may unknowingly drive under the influence of Ambien due to its side effects, such as sleepwalking or memory loss. This could be a defense, especially if you have a history of sleep-driving incidents or did not realize the effects of the drug.
An Ambien DUI typically involves prescription drug impairment, which can be harder to prove than alcohol-related impairment. Unlike alcohol DUIs, there is no legal limit for Ambien in the bloodstream, and cases often rely on driving behavior and officer observations.
A DUI attorney will assess your case, investigate the circumstances of your arrest, challenge the validity of the tests used to determine impairment and explore defenses such as involuntary intoxication or lack of awareness. They will aim to minimize penalties or dismiss the case.
