If you drive under the influence of narcotics, you may be arrested for DUI Drugs.
If you have a chronic condition, are recovering from surgery, or have any other kind of health issue, you may need to use painkillers. But even if your doctor has prescribed this medicine, you may be at risk of a DUI charge if you drive while under the influence of narcotic drugs. With significant penalties — including probation, fines, possible jail time, DUI school and a driver’s license suspension — it’s important to know when it is and isn’t safe to drive when you’re on painkillers.
What is a DUI Drugs Charge?
California law defines driving under the influence of drugs (DUID) charges as driving a vehicle while under the influence of drugs (including prescription drugs) and the drugs impaired your physical and mental abilities to the extent that you could not drive like a sober person would in similar circumstances. It does not matter if you have a prescription for the medications or if you were using them recreationally; if you drive under the influence of painkillers and are impaired in your ability to drive, then you can still be charged with DUID. If you don’t have a valid prescription for the medication, you may also be changed with additional crimes for possession of a controlled substance.
What Painkillers Could Lead to a DUI Drugs Charge?
As a general rule, any painkiller that could impair your ability to drive can lead to a DUID charge. This typically happens with narcotic painkillers, such as vicodin, percocet, oxycodone, dilaudid, and demerol. These drugs can slow your reflexes and make your reaction time slower. In some cases, usually with high doses, they can even cause you to lose consciousness. Signs of impairment can include drowsiness, nausea, constricted pupils, and droopy eyelids.
Penalties for DUI Drugs
The punishment for DUID charges depends the circumstances of the case. First-time offenses are usually charged as misdemeanor, unless you have prior DUI convictions for drugs or alcohol (including felony DUI) or you caused injury or death to another person while driving under the influence of painkillers. A first offense misdemeanor DUID conviction could result in a jail sentence of up to 6 months, a fine of up to $1,000, 3 to 9 months of DUI school and 6 to 10 months license suspension. A felony DUID conviction may lead to up to 3 years in state prison, a fine of up to $1000, 18 to 30 months of DUI school and a license suspension of 4 years .
Defending Against DUI Drugs Charges
If you’ve been charged with DUI for driving under the influence of painkillers, you may be able to mount a successful defense to the charge based on the circumstances of your case. For example, an expert witness may be able to testify that you weren’t actually impaired based on the level of painkillers in your bloodstream. Your lawyer may also be able to argue that the police used improper procedures or that the blood sample was contaminated. A skilled Upland DUI attorney will be able to analyze the particular facts of your case to find the best possible defense — and potentially have the charges reduced or dismissed.
There are many situations where it is necessary to take prescription painkillers like Vicodin or Percocet. However, you may be liable for a DUI Drugs charge if those painkillers impair your ability to drive. If you’ve been charged with a DUID, you need a smart, aggressive lawyer on your side to defend you. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn how we can fight to have your DUID charges reduced or dismissed.
