Can You Drive After Taking Hydrocodone?

Posted on April 6, 2022

Vicodin pills laying next to a pill canister.

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 one’s driving abilities. This includes prescription painkillers such as hydrocodone (or the pain medicine more commonly known as “Vicodin”).

A few common prescription painkillers that can give rise to charges of DUID include:

Vicodin,
Demerol,
Percocet, and
Oxycontin.

The particular penalties that a person may face for a DUI of painkiller conviction will depend on the state where a person was convicted. A few standard DUID penalties though may include:

jail time,
fines,
a driver’s license suspension,
completion of a DUI school or drug counseling, and
community service.

Most DUID cases involve misdemeanor charges. However, a prosecutor can file felony charges if a person has multiple DUID convictions on his/her record.

1. Can people legally drive after taking prescription drugs?

People can legally drive after taking prescription medications if the drugs do not impair their ability to drive safely.

But most states say that drivers are guilty of DUID or DUI of Vicodin/DUI of painkillers if the following are true:

a person drove a motor vehicle,
he/she 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 the motorist’s physical or mental abilities to such a degree that he/she 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 a person:

was using the painkiller recreationally, or
had a valid prescription for it and was 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 someone may face for a DUI of painkiller conviction will depend on the particular laws of the state in which a person was 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 a person challenge DUI of hydrocodone charges?

Yes. People facing charges of DUID or DUI of a painkiller 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.

But 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 weren’t actually “under the influence” of prescription pain medication.

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.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.