Prescription Drugs and DUIs: What Are the Laws in California?

Driving under the influence of prescription drugs is illegal in California. You can face DUI charges even if the drug was legally prescribed. California Vehicle Code Section 23152(f) prohibits driving under the influence of any drug. This includes lawfully prescribed medications, if the drug impairs the driver’s ability to drive with ordinary care. If a driver impaired by prescription drugs causes an accident and injures someone, the driver faces criminal charges and civil liability for the victim’s injuries. Attorney Damoun Yazdi at The Accident Network Law Group handles prescription drug DUI accident claims throughout Southern California.

Key Takeaways

• California Vehicle Code Section 23152(f) prohibits driving under the influence of any drug, including legally prescribed medications
• The DUI standard for prescription drugs is impairment: whether the drug affected the driver’s ability to operate the vehicle with ordinary care
• There is no legal BAC threshold for prescription drugs; impairment is evaluated through drug recognition experts (DREs) and blood tests
• Civil liability for prescription drug DUI accidents may include both compensatory and punitive damages under Civil Code Section 3294
• Punitive damages may be available when a driver knowingly drove despite knowing the medication impaired their driving

California’s Prescription Drug DUI Law

California Vehicle Code Section 23152(f) provides that it is unlawful for a person who is under the influence of any drug to drive a vehicle. Section 23152(a) separately prohibits driving under the influence of an alcoholic beverage. Together, subsection (a) covers alcohol impairment and subsection (f) covers impairment by any drug, creating a framework that applies to prescription medications just as it does to illegal drugs.

The key factor is impairment, not whether the drug was legally prescribed. A driver who takes a legally prescribed opioid pain medication, sleeping pill, benzodiazepine, muscle relaxant, or any other medication that affects cognitive or physical function, and whose driving is thereby impaired, can be charged with DUI under California law.

Common Prescription Drugs That Impair Driving

Opioid pain medications including oxycodone (OxyContin), hydrocodone (Vicodin), codeine, and morphine cause sedation, slowed reaction time, impaired judgment, and reduced coordination. All of these effects are dangerous when driving.

Benzodiazepines including diazepam (Valium), alprazolam (Xanax), lorazepam (Ativan), and clonazepam (Klonopin) are sedatives prescribed for anxiety and sleep disorders. These medications cause drowsiness, slowed reaction time, memory impairment, and reduced coordination.

Sleep medications including zolpidem (Ambien) and eszopiclone (Lunesta) have well-documented effects on next-day driving impairment. The FDA has required label warnings and lowered the recommended starting doses for zolpidem products because blood levels can remain high enough the morning after use to impair driving and other activities requiring full alertness, with the extended-release formulations carrying the greatest risk.

Muscle relaxants including cyclobenzaprine (Flexeril) and carisoprodol (Soma) cause significant sedation and impaired coordination that affects driving ability.

Antihistamines including diphenhydramine (Benadryl) and many over-the-counter allergy medications cause drowsiness that rivals prescription sedatives in its effect on driving.

Civil Liability for Prescription Drug DUI Accidents

When a driver impaired by prescription drugs causes an accident in California, they are liable for the resulting injuries under California Civil Code Section 1714 (negligence) and potentially subject to punitive damages under Civil Code Section 3294 if their conduct constitutes malice or conscious disregard for others’ safety.

The punitive damage analysis in prescription drug DUI cases focuses on whether the driver knew the medication impaired their driving ability and chose to drive anyway. A driver who received clear warnings from their physician or the medication’s label about driving, and who drove despite those warnings, may be found to have acted with conscious disregard for the safety of others.

Your civil claim proceeds independently of any criminal DUI charges. A driver may be convicted of prescription drug DUI, acquitted, or have charges reduced without affecting your right to pursue compensation for your injuries.

California Laws Relevant to Prescription Drug DUI Claims

California Vehicle Code Section 23152(f) (drug DUI prohibition), Section 23152(a) (alcohol DUI prohibition), California Civil Code Section 1714 (negligence), Civil Code Section 3294 (punitive damages for malice, oppression, or fraud), California Code of Civil Procedure Section 335.1 (two-year statute of limitations), and California’s pure comparative negligence rule from Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.

Contact a California DUI Accident Attorney

If a driver’s use of prescription or over-the-counter medication caused your crash, the medical and pharmacy records in that case require careful handling to prove impairment and support a punitive damages claim. Attorney Damoun Yazdi, with 12 or more years of experience and a background as a former law clerk at the Los Angeles County District Attorney’s Office, evaluates whether a prescription drug DUI case qualifies for punitive damages in addition to compensatory damages. The Accident Network Law Group offers free consultations on a contingency fee basis and serves Costa Mesa, Riverside, Rancho Cucamonga, Apple Valley, Victorville, and Bakersfield. Se habla espanol.

Legal Disclaimer

This content is for informational purposes only and does not constitute legal advice. The outcome of any case depends on its specific facts and circumstances. Past results do not guarantee future outcomes. Contact The Accident Network Law Group for advice about your individual situation.