Last Updated on February 10, 2025
These days, everyone knows it’s illegal to drive drunk. Most people are even aware that you can’t drive a vehicle under the influence of drugs. But did you know that driving while addicted to drugs is actually against the law in California, even if you’re not using the drugs at the time? You can even be charged with a DUI for doing so under California Vehicle Code 23152(c) (VC).
Driving While Addicted to Drugs and California Law
There are two main reasons that driving while addicted is illegal in California. First, many drug tests used to determine if a person has been using drugs cannot pinpoint when they were actually high. Without a definitive timeline, it can be difficult for prosecutors to prove someone was actually under the influence of drugs while they were driving. By making it a crime to drive while illegal, the legislature has ensured that prosecutors can charge people for driving under the influence of drugs whether or not they were using the substance at the time.
Second, withdrawal symptoms for many addictive drugs are too severe for a person to operate the vehicle while going through the process. The symptoms of withdrawal affect both those addicted to illegal drugs, like methamphetamine, as well as those abusing prescription drugs, such as Fentanyl and Oxycodone. Because the symptoms are the same for legal and illegal drugs, just like standard driving under the influence of drugs charges, 23152(c) (VC) doesn’t just target illegal drug use. Common side effects of drug withdrawal that could impact your driving include:
- trembling and tremors
- fatigue
- sweating
- irritability
- anxiety
- depression
- nausea
- vomiting
- confusion
- paranoia
- seizures
- runny eyes
- diarrhea
- runny nose
- yawning
How Does California Define Addiction?
Where most people consider addiction to be something that causes withdrawal symptoms, California state law is much more liberal with the term. Under 23152(c) (VC), you are considered to be addicted to a drug if:
- You are physically dependent and go through withdrawal if you discontinue its use
- You develop a tolerance to the drug and need larger, stronger doses
- You are emotionally dependent on the drug and have a compulsive need to continue using it
These distinctions are crucial because while most people believe you cannot be addicted to marijuana, you can be under this law if you start building up a tolerance to its effects and start using concentrates or more potent strains to get high. The law does exempt alcohol though, so though it is entirely possible to be addicted to alcohol, driving while addicted to it is entirely legal under California law.
Penalties for Driving While Addicted to Drugs
While driving while addicted to drugs charges are rarely prosecuted in court, those accused of being addicted to drugs may still be subject to a license suspension by the DMV. In fact, the police will often refer you for a reexamination based on habitual drug use, so even if you have a medical marijuana card or a valid prescription for an opioid-based painkiller, you should not discuss these with the police without a criminal defense attorney present.
If you are formally charged with this crime, you will face the same penalties as anyone accused of drinking and driving, and prior DUI offense convictions will count against you. Take the charges seriously if you are accused of driving while addicted to drugs. Always insist on speaking with a DUI defense attorney as soon as you are arrested and before talking to the police.
Fighting the Charges
Fortunately, there are many defenses to 23152(c) (VC). The strongest defense is that the driver was attending an approved drug treatment program at the time, as this is written into the law itself. So if you have been participating in a narcotic treatment program, tell your criminal lawyer, as you may not be subject to prosecution.
Another common defense to this crime is to say that you are not addicted to the drug. If you occasionally do cocaine or even shoot heroin once a year, you cannot be considered to be addicted to the substance. As long as the prosecution cannot show you were under the influence of a drug while driving, you should not be convicted of a crime.
Remember, there are defenses to driving while addicted to drugs under 23152(c) (VC). If you have been charged with this crime, please call (760) 643-4050 to schedule a free consultation to speak with attorney Peter M. Liss as soon as possible.
