What a Combined Alcohol Drug DUI Charge Means
Some DUI cases involve both alcohol and a drug. A combined alcohol drug DUI charge covers impairment caused by the mix of the two. California treats this as its own subdivision of the DUI statute.
So a person can face this charge even when the alcohol level is below 0.08 percent. The question is the combined effect on driving.
The Statute
Vehicle Code section 23152 subdivision (g) makes it unlawful to drive under the combined influence of any alcoholic beverage and drug. Subdivision (a) covers alcohol alone, and subdivision (f) covers drugs alone. Prosecutors may charge more than one subdivision in the same case.
Also, Vehicle Code section 23630 says that being entitled to use the drug is not a defense to a combined influence charge. Therefore, a prescription does not end the question.
How the Mix Affects Driving
The FDA consumer update explains that some medicines cause sleepiness, dizziness and slowed movement. It also says knowing how medicines, or any combination of them, affect driving is an important safety measure. Alcohol can add to those effects.
As a result, a modest drink with a sedating medicine can raise concerns. The guide on prescription medication DUI cases explains the medicine side.
Evidence in a Combined Alcohol Drug DUI Case
These cases often rely on several sources. For example, a breath or blood test can show alcohol, and a blood test can show drugs. Officers also describe driving, speech and coordination.
However, lab results for drugs do not show impairment by themselves. The article on drug detection versus impairment explains why.
Why These Cases Can Be Complicated
A combined alcohol drug DUI case raises several timing questions. For instance, when was the last drink and when was the last dose? Also, how do the two substances interact for that person?
Expert review is common in these cases. The guide on DUI forensic expert reviews explains what such experts look at.
Steps After a Combined Alcohol Drug DUI Arrest
Keep records of medicines and dose times. Also note what and when a person drank. Then share that information with a lawyer, not with others.
For future driving, read each medicine label for alcohol warnings. In addition, ask a pharmacist whether a medicine interacts with alcohol before mixing them.
A combined alcohol drug DUI charge can also appear alongside a standard alcohol charge. In that case, the prosecution may argue more than one theory at once. So ask a lawyer which subdivisions appear in the complaint and what each one requires.