Any medicine that impairs your ability to drive could lead to a criminal charge.
Across the United States, more people are taking prescription drugs than ever before. Most people are doing so legally, with a prescription from their doctor or other health care provider. Yet what many Californians may not realize is that even if they have a valid, legal prescription for their medication, if they are caught driving under the influence of drugs, they could be facing criminal charges.
Driving under the influence of drugs (often called DUID) is a crime under California law. It applies to all medication that impacts your ability to drive, from street drugs like cocaine and methamphetamine to over-the-counter drugs like Benadryl and cough syrup to even prescription medication. Some of the common prescription medication that can impact your ability to drive may include opioids such as Codeine, Hydrocodone, and Oxycodone, sedatives such as Xanax and Ativan, sleep medication such as Lunesta, Sonata and Ambien, muscle relaxers, and even stimulants such as Adderall, Concerta and Ritalin. While many prescription medications may not impact driving on their own — such as stimulant drugs — when combined with alcohol, they could present a dangerous situation as they may mask alcohol’s depressant effect, leading a person to drink far more than he or she otherwise would, risking a DUI of alcohol.
Why a Prescription Is Not a Defense to a DUI of Drugs Charge
To prove that a person committed a DUI of Drugs, a prosecutor must prove three elements:
- You drove a vehicle;
- You were under the influence of drugs (and/or alcohol) while driving; and
- The drugs impaired your physical or mental abilities to an extent that you could not drive in a way that an ordinarily cautious sober person would drive.
Notably, the prosecutor is not required to prove that the drugs or medication that impaired your ability to drive were illegal. He or she only has to show that these drugs made you unable to drive in a way that an ordinarily cautious sober person would drive. As an Orange County DUI lawyer will tell you, this means that even if you had a prescription for your medication and you were taking your medicine as directed, you could still be charged with a DUI of drugs if you were impaired while driving.
So what can you do if you have a medical condition and need to take prescription medicine? The first thing that you should do is talk to your doctor and/or your pharmacist about the potential side effects of the drug. In many cases, the medication will have a warning label right on the bottle about the potential danger of driving while taking it. Even if it doesn’t carry this warning, do not drive after taking the medication until you know how it affects you; it is possible that your body metabolizes the drug differently and it is not safe for you to drive after taking it, even though other people do not find it to be a problem. You should also ask your doctor or pharmacist about drinking alcohol while taking the medication or about how it interacts with other drugs. Only drive once you can be sure that it will be safe to do so, and never drink or take other drugs with your medicine if it could lead to impaired driving.
If you have been charged with a DUI of drugs, you will need a skilled Orange County DUI lawyer. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. Our team of attorneys and legal professionals are skilled at handling DUI cases, and will work hard to protect your rights.
