Why Prescription Drug DUIs Are On The Rise In The Bay Area

In this article, you can discover…

• The most common types of prescription drugs involved in DUI cases.
• How California law defines impairment due to legal medications.
• Whether you can be arrested without showing outward signs of intoxication.

What Are The Most Common Prescription Drugs Involved In DUI Cases?

A wide variety of prescription drugs can be involved in DUI cases. Sleep aids, antidepressants, painkillers, ADHD medication, and opioids are all frequently cited in cases where a person is arrested under suspicion of DUI.

Why Are Prescription DUIs Increasing In San Francisco And The Bay Area?

As greater numbers of people seek help for mental health issues, more prescription drugs are prescribed to them. COVID has also had a profound impact on Californians’ mental health, and the lockdowns severely impacted people’s well-being, employment, finances, and access to meaningful social connections.

In many cases, prescription drugs have been used by people in the Bay Area to help them cope with the resulting mental health issues. Speaking more generally, as long as people need and seek prescription drugs to function, we will see cases where people are pulled over on suspected prescription DUIs.

How Does California Law Define Impairment From Medication?

If a substance impairs your ability to drive with the care and caution of a sober person, it is considered an impairment. In short, any prescription medication that dulls your senses, slows your reaction time, causes drowsiness, or makes you less alert and attentive on the road is an impairment.

What Misconceptions Do People Have About “Legal” Drug Use And Driving?

Many people assume that simply because a drug is legal or was legally prescribed, they can drive while on it. But a drug being legal doesn’t change the impacts it has on your body, driving ability, or focus. While recreational marijuana is legal in California, it can still cause impairment.

Many people are also unaware of the dangers of mixing prescription drugs with alcohol. You can have a BAC of 0.02 and yet still be impaired due to the reaction of legal drugs with a small amount of alcohol in your system.

It is incredibly important to be careful when you begin taking a new prescription medication. Have someone with you when you begin taking new medication who can evaluate if you seem different or if your driving is impaired.

How Do Officers Test For Prescription Drug Impairment?

Certain officers are trained as Drug Recognition Experts (DRE). They have been trained in a 12-step evaluation process to help them determine if you are impaired by drugs. However, in many cases, this process is faulty and can readily be contested.

For example, one part of the evaluation process involves an officer asking you if you are on any prescription medication. If you answer “yes”, they may take this as evidence of impairment. In reality, it can be incredibly hard to tell if someone is impaired by a specific prescription drug, as people have different levels of resistance, tolerance and reactions to a variety of substances.

Can I Be Arrested Without Showing Signs Of Intoxication?

Yes, you can. Officers often confuse conditions like sleepiness, fatigue, illness, injury, nervousness, or seasonal allergies with signs of drug impairment. And if you refuse to exit your car, argue with police, or refuse a chemical test, officers may suspect that you have something to hide, making an arrest more likely.

Are Painkillers And Sleep Aids Treated Differently In California DUI Cases?

Both painkillers and sleep aids are treated the same under California DUI law. If you are impaired by these substances and this impairment can be proven, you will wind up with a DUI on your record.

Are Drugs Vs. Alcohol Treated Differently Under DUI Law?

Frankly, District Attorney’s offices prefer to prosecute alcohol-related DUI cases, as these are much easier to prove. If your BAC is at or above 0.08%, you are legally impaired. This firm number gives prosecutors more confidence and certainty in front of a jury.

On the other hand, drug impairment can be much more challenging to prove, as there is no set quantity of a drug in your system that legally designates you as impaired. What’s more, people tend to react differently to different substances. This makes DUI drug cases much harder to convict on versus an alcohol-related DUI.

Still Have Questions? Ready To Get Started?

For more information on prescription drug DUI Bay Area, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 223-7290 today.