Most people assume that DUI only refers to driving under the influence of alcohol. However, California law also criminalizes driving under the influence of drugs. You can face an arrest and charges for DUI if you operate a vehicle while under the influence of illegal narcotics or prescription medication like sleeping pills.
When proving your liability for driving under the influence of sleeping pills, the prosecution must prove all the elements of the crime. It means that it must be clear that you were operating a vehicle. Additionally, your blood test should show a concentration of sleeping pills high enough to impair your driving conduct.
Driving under the influence of sleeping pills is a misdemeanor. A conviction for the offense can result in jail time, fines, and a driver's license suspension. Additionally, the conviction can remain on your record for up to ten years. If you face charges for DUI sleeping pills, you will require the guidance of a skilled attorney to fight the charges.
An Overview of DUI of Sleeping Pills in California
California Vehicle Code 23152(f) makes it unlawful to operate a vehicle under the influence of drugs. These drugs include illegal narcotics and prescription medications that can cause impairment. Common examples of sleeping pills that could cause driver impairment include:
- Ambien
- Butisol sodium
- Rozerem
- Lunesta,
- Sonata,
- Dalmane
- Carbrital,
- Doral,
- Prosom,
A traffic officer will stop your vehicle at a DUI checkpoint or when they have probable cause to believe you were driving under the influence.
The officer can then administer field sobriety and blood tests to confirm their suspicions. Before you face a conviction for DUI of sleeping pills, the prosecution must prove these elements:
- You drove a vehicle. The prosecution must prove that you operated a vehicle when establishing your liability under VC 23152(f). Sitting behind the wheel of a parked vehicle does not count as driving under California law.
- You were under the influence of sleeping pills or a combination of sleeping pills and alcohol or other drugs. The prosecution will use the result of your blood test to prove that you were under the influence. The blood test will show the concentration of the substances in your system.
- The sleeping pills impaired your driving. The prosecution must prove that the sleeping pills caused a level of impairment that affected your ability to drive safely.
Legal Penalties for DUI of Sleeping Pills in California
Driving under the influence of sleeping pills is a misdemeanor. A conviction for the offense attracts severe legal and collateral consequences. The exact penalties you face will vary depending on your criminal history:
First Offense
You will face the following penalties for your first conviction for DUI of sleeping pills:
- A jail sentence of up to six months
- Up to $1000 in fines
- Driver’s license suspension for six months
- Misdemeanor probation
- Completion of a 3- to 9-month DUI education program
Second Offense
The prosecution will charge you as a second-time offender if you have at least one prior conviction for DUI. Your conviction in this case will result in the following punishment:
- A jail sentence of up to one year with 96 hours of mandatory incarceration
- Fines that do not exceed $1000
- A DUI education program of up to six months
- A two-year driver’s license suspension
- Summary probation
Third Offense
The court considers your DUI with sleeping pills a third offense if you have two prior DUI convictions on your record. A conviction for a third offense will attract the following penalties:
- Up to one year in jail with a mandatory minimum sentence of 120 days
- Fines of up to $1000
- Summary probation
- Up to three years of driver's license suspension
Driver's License Suspension for DUI of Sleeping Pills
In addition to incarceration and fines, a conviction for DUI sleeping pills can result in a suspension of your driver's license. There are two main types of driver's license suspension. They include:
Administrative License Suspension
After your arrest, the arresting officer will take away your driver's license and issue you with a notice with which you can drive for up to thirty days. Within the first ten days of your arrest, you must schedule and attend a DMV hearing. At this hearing, you will defend against your license suspension.
A DMV hearing is an informal hearing presided over by a DMV officer. The burden of proof needed at this hearing is lower than required in a DUI criminal case. At your DMV hearing, you can present evidence against the allegations of DUI of sleeping pills. Additionally, you can cross-examine the witnesses presented by the proscenium.
If you win the DMV hearing, you can continue to drive your vehicle while you await the outcome of your criminal case. If you lose your DMV hearing, the Department of Motor Vehicles will suspend your license.
Court-Imposed Licensed Suspension
The court-imposed license suspension occurs after your conviction under Vehicle Code 23152(f). The suspension period ranges from six months for a first offense to three years for a third and subsequent offense.
If your driver's license is suspended, you can petition the court for a restricted license. The restricted license allows you to drive to school, work, and DUI appointments.
Aggravating Factors for a DUI off Sleeping Pills
Aggravating factors are circumstances that make your offense more serious. In the presence of these factors, a criminal defendant will face harsher punishment for their offense. Typical aggravating factors in your case for DUI of sleeping pills include:
- A high concentration of drugs in your blood. If your blood tests reveal a high concentration of the active ingredients in sleeping pills, this can aggravate the case. The higher the level of the drugs in your system, the higher the likelihood of your impairment.
- Reckless driving behavior. A traffic officer will observe your behavior while you drive and after the DUI stop. If you exhibited erratic driving, you can face penalties for aggravated DUI. Evidence of reckless behavior implies a higher level of impairment and increases the seriousness of the offense.
- Accident or injury. Driving under the influence of sleeping pills impairs a driver's ability to operate safely. Causing an accident or injury is an aggravating factor that could result in severe penalties. California Vehicle Code 23153 allows for felony charges if a DUI leads to injury. A DUI conviction can result in prison time and hefty fines.
- A minor passenger in the vehicle. Having a child under fourteen years in the car during the DUI incident is an aggravating factor. California courts may impose stricter penalties when minors are involved. You could also face additional charges for child endangerment.
- Failure to Cooperate. A traffic officer cannot force you to submit to a field sobriety or blood test. However, refusing the chemical tests can result in additional penalties.
Defenses against DUI of Sleeping Pills
In California, DUI charges extend beyond alcohol to include prescription medication and narcotics. Stakes are high for defendants facing criminal charges for driving under the influence of sleeping pills. Besides serving time in jail, you risk severe collateral consequences after a conviction for the offense. With the guidance of a skilled attorney, you can present the following defenses in your case:
You Were Not Driving
The prosecution must prove you were driving when establishing your liability under VC 23152(f). Under California DUI law, driving means being behind the wheel of a moving vehicle. You can avoid a conviction for this offense by arguing that you were not driving.
Your no-driving defense could apply in cases where the officer finds you sleeping or sitting inside a parked vehicle.
Lack of Impairment
The prosecutor must prove your intoxication before securing a conviction for DUI. One of the primary defenses against DUI charges for sleeping pills is proving that you were not impaired at the time of driving.
There is no legal limit for sleeping pills and other prescriptions. However, California law requires your intoxication to be enough to impair your driving conduct. The prosecution must prove that the sleeping pills significantly impaired your ability to drive safely.
You can build this defense by arguing that you did not exhibit any signs of impairment at the time of the arrest. Additionally, you could present evidence showing that your mental and physical capabilities were not compromised. You can prove a lack of impairment by presenting testimony from a medical expert or evidence of field sobriety tests you passed.
No Knowledge of Impairment
Another defense that may apply in this case is that you were unaware of the extent of impairment caused by the medication. Certain medications can have varying side effects. These effects could impair their ability to drive.
You can avoid a conviction for DUI of sleeping pills if you can show that you did not anticipate the drug effects that caused impairment. However, you may find it challenging to establish this defense if you ignore warnings from your healthcare provider.
Challenging the Field Sobriety Test or Blood Test Results
Your field sobriety test results may form the basis for your arrest for DUI. After your arrest, the officer will order a blood test to determine the components and concentration of drugs in your body. The blood test results are critical in establishing your liability for DUI.
Blood tests used to detect the presence of drugs can give inaccurate results. These errors may result from improper handling of the samples or in the testing procedure. By raising doubts about the reliability of test results, you can reduce the likelihood of a conviction or negotiate for lesser punishment.
Violation of Your Constitutional Rights
A traffic officer must have probable cause to stop your vehicle for a DUI investigation. Probable cause is the reasonable belief that you were driving a car under the influence of alcohol or drugs. A traffic officer can form probable cause by observing your driving. Acts like dangerous changes of lanes, avoiding red lights, and swerving can create probable cause for a DUI stop.
An officer violates your rights by stopping your vehicle without probable cause. Another violation of your constitutional rights is failing to read your Miranda rights. The Miranda warning informs you of your right to remain silent and to obtain legal representation. If an officer interrogates you before reading your Miranda rights, you can request the court to throw out the evidence they collected from you.
Prescribed Medication Defense
In many cases, individuals take sleeping pills as a prescription from a licensed physician. If you took the sleeping pills following your doctor’s directions, you can use this as a defense. The defense would argue that you are not liable for DUI because you followed medical guidance. However, this defense does not guarantee acquittal.
To prevail with this defense, you must provide documentation showing that the medication was prescribed to you by a healthcare provider. Additionally, you must prove that you took it correctly. The court may fail to accept your defense if the prescription was for a medication known to impair driving.
Find a Competent DUI Defense Attorney Near Me
You can face an arrest and charges for driving under the influence of sleeping pills if you operate a vehicle with a significant concentration of these drugs in your blood. A traffic officer can stop you at a DUI checkpoint or when they notice signs of DUI in your driving. The officer may then conduct a further assessment before arresting you. After the arrest, you may need to submit to a blood test, which forms a basis for your DUI charges.
If there are any aggravating circumstances in your case, the prosecutor will charge you with a misdemeanor for this offense. The consequences of a conviction for driving under the influence of sleeping pills are severe. They include incarceration, fines, probation, and driver's license suspension. The conviction will also stain your criminal record, which could impact your personal and professional lives.
Therefore, if you or a loved one faces charges for this offense, you must hire and retain a skilled DUI attorney. At Jonathan Franklin DUI Attorney, we offer expert legal insight for our clients battling drunk driving and drugged driving charges in Los Angeles, CA. Contact us at 323-464-6700 to discuss your case.
