Is there a difference between drugged driving and drunk driving? Before answering the question, let’s look at California driving under the influence, or DUI, laws. The state prohibits anyone from operating a motor vehicle while under the influence or alcohol, drugs or both.
Drugged Driving Laws
State law is very specific about prohibiting prescription medications like Xanax and Valium. Ingesting certain prescription drugs and driving is called impaired driving. California considers being impaired as being under the influence of a drug. Whether or not the driver has a prescription for the drug is irrelevant.
Is Every Prescription Drug Result in a Possible DUI Charge?
No. Every prescription drug is not subjected to DUI laws. However, there are many drugs that are prescribed that fit in this category. In fact, they are frequently associated with DUI arrests such as prescription:
- Antidepressants.
- Painkillers.
- Anxiety medications.
- Antihistamines.
The Problem with being Accused of Drugged Driving
Drug-impaired and drunk driving are often included in the same category in the state’s DUI law. How they are enforced under the same law is different. According to the California vehicle code, a driver is under the influence of alcohol while driving when his or her blood alcohol concentration, or BAC, is at 0.08 percent or higher.
What is the BAC you need to be accused of drugged driving?
None.
That’s right. California does not subject drugged drivers to the same BAC law of 0.08 percent. Let’s take a more detailed look at the state’s vehicle code. It will show the important difference between drugged and drunk driving.
The methods police use to determine alcohol intoxication levels are not the same as the ones used to determine drug intoxication.
As a result, California does not have any mandatory minimum level for drugged driving. For example, a driver under the influence can be stopped and have his BAC checked. In addition, he undergoes chemical and/ or field sobriety testing. If his BAC is 0.09 percent at the time of the traffic stop, he can be arrested for DUI.
No Accurate Way to Test for Drugged Driving
OK, what if the above example was changed. The driver was stopped while operating a motor vehicle. The police officer does not suspect the driver is drunk, but under the influence of drugs. The process to determine if she is under the influence of drugs is not the same.
Many DUI checkpoints use drug testing kits to determine drug intoxication levels. The tests can identify the drugs in a driver’s bloodstream via her saliva. Also, the tests can determine if there are trace amount of prescription medications in their system.
Blood tests are also used to check for prescription drugs in a driver’s bloodstream. To strengthen its case against a driver, state prosecutors will use the pill bottles found in her vehicle.
Fight Prescription Drug DUI Charges
Yes, there is a difference between drunk and drug driving. The state does not use the same method to determine if a driver is under the influence of drugs. In fact, there is no mandatory minimum for being drug-impaired.
If you or someone you know is accused of drugged driving, contact the Law Offices of Jonathan Franklin. You want to schedule an free consultation with Jonathan Franklin to discuss your possible defenses and how you may successfully resolve your matter.
