Driving while under the influence of hydrocodone can lead to criminal charges for driving under the influence of drugs. The DUID laws in most states apply to all drugs that impair your driving abilities. This includes prescription painkillers such as hydrocodone (or the pain medicine more commonly known as “Vicodin”).
Most DUID cases involve misdemeanor charges. However, a prosecutor can file felony charges if you have multiple DUID convictions on your record.
1. Can I legally drive after taking prescription drugs?
You can legally drive after taking prescription medications if the drugs do not impair your ability to drive safely.
Most states say that you are guilty of DUID or DUI of Vicodin/DUI of painkillers if the following are true:
- you drove a motor vehicle,
- you did so while under the influence of prescription pain medicines (or the combined influence of painkillers and taking other controlled substances or drinking alcohol), and
- the painkillers impaired your physical or mental abilities to such a degree that you could no longer drive in the way that an ordinary cautious sober person would drive under similar circumstances.1
Note that driving under the influence of hydrocodone (or another painkiller) is a crime no matter whether you:
- were using the painkiller recreationally, or
- had a valid prescription for it and were using the painkiller for a legitimate medical purpose.2
2. What are some common pain medications and their common side effects?
There are a number of painkillers that, if abused or used excessively, can lead to DUID or DUI of painkiller charges.
Some of the more common painkillers (or prescription drugs used for pain management) are:
- Vicodin,
- Demerol,
- Norco,
- Codeine,
- Ativan (lorazepam),
- Dilantin (phenytoin)
- Percocet,
- Suboxone,
- Norco,
- Hydromorphone,
- Oxycontin (oxycodone – which is an example of an opioid),
- Demerol, and
- Dilaudid.3
Typical signs/symptoms of using pain medicines (which are also what police officers look for when making DUI of pain killer arrests) include:
- constricted pupils,
- droopy eyelids,
- slowed vital signs,
- breathing problems,
- lightheadedness,
- sleepiness or tiredness, and
- nausea.4
Note that other healthcare issues and serious side effects associated with prescription pain medicine abuse include:
- liver disease,
- kidney disease,
- high blood pressure,
- constipation,
- insomnia, and
- paranoia.5
If you believe you are experiencing life-threatening issues/serious complications/withdrawal symptoms of a prescription painkiller, please seek emergency medical care and consult a healthcare professional as well as your prescribing doctor as soon as possible.
3. What are the penalties for DUI of painkillers?
The specific penalties that you may face for a DUI of painkiller conviction will depend on the particular laws of the state in which you were convicted in.
Some standard penalties, though, include:
- confinement in county jail,
- fines,
- a driver’s license suspension,
- drug counseling,
- DUI school, and/or
- community service.6
4. Can I challenge DUI of hydrocodone charges?
Yes. If you are facing charges of DUID or DUI of a painkiller, you can challenge them with a legal defense.
The best defense for fighting a DUI of Vicodin charge often depends on the circumstances of the case and a state’s laws on DUID.
With that said, some common legal defenses to DUI of painkiller charges include:
- poor police tactics,
- improper investigation procedures,
- possible contamination of your blood or urine sample, and
- defense expert testimony arguing that the Vicodin or other painkiller was within the therapeutic range and/or that you were not actually “under the influence” of prescription pain medication.
Additional Reading
For more in-depth information, refer to these scholarly articles:
- Opioid Use and Driving Performance – Journal of Medical Toxicology.
- Basic Concepts in Opioid Prescribing and Current Concepts of Opioid-Mediated Effects on Driving – Ochsner Journal.
- Evaluating drugged driving: Effects of exemplar pain and anxiety medications – Traffic Injury Prevention.
- Houston Cocktail: Driving under influence of hydrocodone, alprazolam, and carisoprodol – Forensic Science International.
- A Framework for “Driving Under the Influence of Drugs” Policy for the Opioid Using Driver – Pain Physician.
Legal References:
- See, for example, CALCRIM No. 2110 – Driving Under the Influence, Judicial Council of California Criminal Jury Instructions (2020 edition). See also VTL 1192, 625 Ill. Comp. Stat. Ann. 5/11-501(a), and Texas Penal Code 49.04.
- Keep in mind that most states say that if a person is arrested for DUI of Vicodin, and he/she has possession of the medicine without a valid prescription, then the driver can be charged with both DUID and unlawful possession of a controlled substance (see, for example, California Health & Safety Code 11350 HS).
- See MedlinePlus.gov, “Pain medications – narcotics.” Note that this list does not include over the counter (OTC) medicines, which are also good for many types of pain (there are two main types of OTC pain medicines: acetaminophen (Tylenol) and nonsteroidal anti-inflammatory drugs (NSAIDs)). See also the Food and Drug Administration (FDA) website for an “Index to Drug-Specific Information.”
- See WebMD.com – “What Are the Side Effects of Pain Medication?”
- See Mayo Clinic website – “Prescription drug abuse.”
- See, for example, California Vehicle Code 23536 VC.
