You know the law when it comes to driving under the influence (DUI) of alcohol, but you may not be as familiar with “drugged driving” laws. The term “driving under the influence” is actually a legal term that refers to ingestion of anything that could affect the nervous system, muscles or brain in such a way that affects your ability to safely operate a vehicle. This includes certain doctor-prescribed medications, as well. Prescription drugs do fall under this category.
Basically, the statutes that regulate alcohol DUIs in California are also applied to the use of drugs. It is illegal to drive under the influence of any drug or combination of drugs and alcohol (California Vehicle Code Section 23152(a)).
Prescription Drugs and Driving
Not all prescribed drugs affect your ability to drive, but some clearly do. Painkillers, marijuana and even some herbal supplements are classified as drugs that are prohibited, even if legally prescribed. Simply having permission to use that particular substance is not a valid defense if you receive a drugged driving charge.
Costs and Consequences
In general, the same penalties that apply to driving under the influence of alcohol apply to prescription drugs and driving. They are enforced under the same statutes. The costs and consequences of a drug DUI, as with alcohol, varies, depending on how many offenses you have.
In California, the first offense is a misdemeanor. There is up to a $1000 penalty, plus other assessments that may make that number go up. Usually, there is probation for at least three years, which prohibits driving under the influence, and requires the offender to willingly submitting to roadside testing and refraining from other law violations. The more offenses you have, the higher the penalties and probation restrictions.
Implied Consent
In California, when you operate a vehicle, you are giving your implied consent to submit to a drug or alcohol test. The law enforcement officer is required to explain the consequences of refusal. Refusal to agree could result in license suspension, paying fines or you could even face jail time, if convicted. If you don’t comply with the implied consent law, your refusal can be entered into evidence against you if you have to go to trial.
Peace of Mind
Contact Maison Law Firm to find out what your rights are with prescription drugs and driving. You don’t have to worry and fight it alone. We offer free case evaluation. Contact us today.
