Hi Seal Beach,
When people hear the term DUI, many immediately think of alcohol. That is understandable, because alcohol-related cases are the ones most people hear about. But under California law, DUI is broader than that. California Vehicle Code §23152 does not just prohibit driving under the influence of alcohol. It also prohibits driving under the influence of any drug, and driving under the combined influence of alcohol and a drug.
That matters because a lot of people still assume that if they have not been drinking, they cannot get a DUI. That is not correct. Under the California Vehicle Code, a “drug” is any substance, other than alcohol, that can affect the nervous system, brain, or muscles enough to impair a person’s ability to drive with ordinary caution. In plain English, that can include illegal drugs, cannabis, prescription medications, over-the-counter medications, and combinations of substances that reduce your ability to drive safely.
That also means DUI is not limited to someone who looks obviously intoxicated. The legal question is whether the person’s mental or physical abilities are impaired to the point that they are no longer able to drive with the caution of a sober person using ordinary care under similar circumstances. That is why these cases are not always about a breath test number alone. Alcohol has a well-known 0.08 standard for many drivers under Vehicle Code §23152(b), but impairment cases can also involve drugs, medication, or a combination of substances that make someone unsafe behind the wheel even without that classic alcohol scenario.
One common misunderstanding involves prescription and over-the-counter medication. People sometimes assume that if a doctor prescribed it, or if they bought it legally at a store, driving after taking it must be fine. That is not how the law works. The California Office of Traffic Safety specifically warns that taking prescription medication according to a doctor’s orders is not a valid legal excuse for driving while impaired. The California DMV also warns drivers that medications, including things like cough syrup and other drugs that affect your ability to drive, can lead to a DUI.
Cannabis is another area where confusion comes up. Adults may lawfully use cannabis in some circumstances under California law, but that does not make it legal to drive while impaired by it. California’s DUI laws still apply, and the DMV and Office of Traffic Safety both warn that cannabis can slow reaction time, affect judgment, and reduce a driver’s ability to respond safely. Legal to possess does not mean legal to drive on.
A third area people sometimes overlook is combined impairment. Someone may think, “I only had one drink,” or “I only took my medication as directed,” and assume that means they are okay to drive. But alcohol combined with medication, cannabis, or another drug can create a much greater level of impairment than either one alone. California Vehicle Code §23152(g) specifically makes it unlawful to drive under the combined influence of alcohol and a drug, and the DMV warns that any combination of alcohol or drugs that decreases your ability to drive safely can lead to a DUI.
This is one of those areas where the law and common sense really do line up. If something affects your alertness, coordination, judgment, reaction time, balance, or ability to focus, it should raise a red flag before you get behind the wheel. Read the label. Pay attention to warnings about driving or operating machinery. Talk to your doctor or pharmacist if you are unsure. And if you feel different, slower, drowsy, foggy, or “not quite right,” that is a good sign you should not be driving.
So yes, DUI absolutely does not just mean alcohol. In California, it can also mean cannabis, illegal drugs, prescription medication, over-the-counter medication, or a combination of substances that leaves someone impaired and unsafe to drive. The safest rule is a simple one: if it can impair you, it can put you at risk for a DUI.
Keep your questions coming, Seal Beach! Email us at askacop@sealbeachca.gov today!
