Why a Prescription Medication DUI Is Possible
Many people assume a valid prescription protects them. However, a prescription medication DUI can still happen in California. The law focuses on impairment while driving, not on whether a doctor approved the drug.
So people who take medicines with side effects should understand the rule. It applies to both new and long term prescriptions.
The Legal Rule
Vehicle Code section 23152 subdivision (f) bars driving under the influence of any drug. The statute does not limit that rule to illegal drugs. Also, Vehicle Code section 23630 says that being entitled to use a drug under state law is not a defense.
Therefore, a prescription by itself does not answer a DUI charge. Instead, the case asks whether the drug affected driving.
Prescription Medication DUI and Side Effects
The FDA consumer update says some prescription and nonprescription medicines can cause side effects that make driving unsafe. It lists sleepiness, blurred vision, dizziness and slowed movement among them. It also says some effects can last into the next day.
The FDA names several groups of medicines that could make driving dangerous. For example, the list includes opioids, sleeping pills, muscle relaxants and some antidepressants.
Records in a Prescription Medication DUI Case
Medical records often play a part. For instance, prescription dates, dosage and refill history may help show how a person took the drug. A pharmacy label may also show warnings.
The article on DUI medication records explains how those papers come into a case. Share records with a lawyer before giving them to anyone else.
Mixing Medicine and Alcohol
Some medicines interact with alcohol. As a result, a small amount of alcohol plus a medicine can raise impairment questions under subdivision (g), which covers combined influence. The guide on combined alcohol drug DUI cases covers that charge.
Lowering the Risk
Read every label and patient guide. Also ask a pharmacist or doctor whether a medicine affects driving and for how long. The FDA update suggests talking with a health care professional about timing and doses.
The article on medication driving safety questions lists topics to raise with a clinician. In addition, plan rides when starting a new medicine or changing a dose.
A prescription medication DUI case often turns on timing. For example, the time of the last dose and the time of driving may both matter. So keep notes of dose times when starting a new medicine.