California Vehicle Code 23152(f) VC criminalizes driving under the influence of drugs (DUID), defined as being unable to drive sober due to any drug, including legally prescribed or over-the-counter medications.

Essentially, in California, you can be charged with DUI even if only legally prescribed drugs are in your system. DUID usually results in a misdemeanor charge with penalties comparable to those for alcohol DUI, though it can become a felony under specific conditions.

Many individuals arrested for DUI on suspicion of drug impairment (DUID) are often surprised to learn they can be charged even if they weren't drinking alcohol, but were only using their legally prescribed medication.

California maintains a zero-tolerance policy for drivers under the influence, regardless of whether it's alcohol, illegal substances, drugs, or prescribed medication.

What Does PC 23152(f) Say?

Vehicle Code 23152(f) VC states that driving under the influence of any drug is illegal. Similarly, Vehicle Code 23152(g) prohibits driving while under the combined influence of alcohol and drugs.

This implies that operating a vehicle while impaired by any drug—regardless of legality—is unlawful. The term "drug" covers a broad range, including:

• Illegal drugs,
• Controlled substances,
• Legally prescribed medications and
• Over-the-counter drugs are sold directly to consumers.

Various drugs can impact the nervous system, brain, or muscles, potentially impairing your ability to drive safely. This includes prescription drugs, even if they don't cause a "high," as well as over-the-counter medications like antihistamines and cold remedies.

Prescribed Drugs and Driving a Motor Vehicle

If you have any drug in your system while driving in California, it can be considered a DUI if it impairs your ability to operate a vehicle safely.

Charges of DUI involving prescribed drugs are usually based on evidence showing the motorist was under the influence of the following substances:

• Opiates like Vicodin or OxyContin,
• Sleeping pills like Ambien and Lunesta,
• Medical marijuana.

Any medication that impacts your nervous system, brain, or muscles can be grounds for DUI charges, even if it is medically necessary for your health. A

s stated in Vehicle Code 23152(f), driving under the influence of any drug is a punishable offense, including medications legally prescribed by a doctor. In essence, having a prescription does not legalize unsafe driving.

Ability to Operate A Motor Vehicle Safely

This law doesn't primarily address whether a drug is legal, but rather if the substance consumed impairs a driver's ability to operate a vehicle safely.

If you're pulled over and show signs of impairment—regardless of passing a breathalyzer test that measures only alcohol content—you can still be charged under VC 23152(f) DUID. Currently, California does not have a specific "legal limit" for drugs equivalent to the .08% BAC limit for alcohol.

Police officers do not carry a mobile device to detect drugs in a driver's system. Instead, they usually call in a trained, state-certified drug recognition expert (DRE) to perform field tests to assess if a driver is under the influence.

These officers often undergo additional training to identify drug impairment. If a law enforcement officer pulls you over on suspicion of drug use, you are likely to be asked to perform field sobriety tests that evaluate physical and mental impairment.

If you are arrested, you may be subjected to chemical tests like a blood draw to determine the kind of drug taken, its amount, and how it might affect your ability to drive.

Common Prescription Drugs That Cause Impairment

A wide variety of prescribed drugs can notably influence an individual's cognitive and motor skills, thereby affecting their safe driving ability. These include the following medications:

• Opioids, including drugs like codeine, fentanyl, hydrocodone, morphine, Percocet, and oxycodone, are usually prescribed for pain relief. However, they often lead to drowsiness and delayed reaction times, which can impair driving.
• Benzodiazepines, such as Xanax, Valium, and Ativan, are commonly prescribed for anxiety and insomnia. They frequently lead to dizziness, coordination problems, and impaired judgment, which can affect driving ability.
• Sleep aids like zolpidem (Ambien) and eszopiclone (Lunesta) can lead to intense drowsiness if someone hasn't had enough sleep.
• Stimulants used for conditions like ADHD, such as amphetamines (Adderall) and methylphenidate (Ritalin), may sometimes cause recklessness, agitation, and trouble concentrating, which can affect driving ability.
• Cough syrup, nighttime cold, or flu medicines may cause drowsiness.
• Antidepressants can affect driving ability, similar to alcohol.
• Antihistamines are commonly used for allergies and cold symptoms, but they may cause drowsiness and impair driving.
• Muscle relaxants like cyclobenzaprine (Flexeril) and carisoprodol (Soma) reduce muscle spasms and tightness. However, they frequently lead to drowsiness and slower reaction times, which can affect driving ability.

Notably, drugs like Vicodin or Xanax are major causes of driving impairment. Other common medicines involved in DUI cases include anxiety meds, prescription painkillers, and any drugs that induce drowsiness or lightheadedness.

What Penalties Apply for DUID?

The penalties for Vehicle Code 23152(f) DUID vary based on the specific circumstances of each case, including factors such as those details below.

• First-time offenders are likely to be sentenced to probation for three years, pay a $390 fine, face a six-month license suspension, and attend a three-month mandatory DUI school.
• Repeat offenses will result in mandatory jail sentences, with the duration increasing for each subsequent violation.
• After the third offense, or if someone was harmed or killed by your actions, you could face felony charges carrying up to four years in prison. Your driver's license may also be suspended or revoked for at least one year.

Importantly, individuals charged with driving under the influence of drugs cannot qualify for California drug diversion programs.

However, there may be an option to negotiate the case to a lesser charge under Health and Safety Code 11550 HS for being under the influence of a controlled substance, which could make them eligible for diversion.

What Are the Legal Defenses Against DUID?

Our Los Angeles DUI attorneys may employ various strategies if you are charged with violating California Vehicle Code 23152(f) for driving under the influence of drugs, including prescribed medication, such as the following:

• There was no probable cause to justify the traffic stop.
• You were not informed of your Miranda rights prior to questioning.
• Police correctly followed California Code of Regulations Title 17 procedures for collecting, storing, and analyzing breath or blood samples.
• Challenge field sobriety testing.
• Question chemical testing results.
• Medical defense.
• Blood split.

Field sobriety tests depend on the officer's subjective judgment, which can be influenced by factors like nervousness, physical disabilities, or wearing high heels, potentially affecting their accuracy.

Chemical tests, meanwhile, may be unreliable due to incorrect procedures, faulty machinery, or sample contamination. Additionally, while these tests detect and measure drug presence and levels, they do not conclusively establish impairment.

Certain drugs may stay in your system for days after impairment disappears. You could argue you weren't recently medicated and thus not impaired.

Medical conditions like diabetes, neurological disorders, or fatigue can mimic drug impairment symptoms or affect test outcomes. You might claim you have a medical condition.

Under California DUI laws, police must save a portion of the blood draw for up to one year for retesting by the defendant. Perhaps we can have the blood sample independently tested, known as a "blood split." Contact the Hedding Law Firm for a case review.