§ 23152(c) VC – Driving While Addicted to Drugs

Vehicle Code 23152(c) VC reads: “(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.”

Most first, second and third instances of driving while addicted to a drug are misdemeanors. Though fourth and subsequent offenses can be charged as felony DUI.

In practice, California’s “driving while addicted to drugs” law is rarely enforced. However, it is still a part of California DUI law and can lead to serious consequences if you are convicted under VC 23152(c)–particularly if you have other DUI priors on your record.

Below, our California DUI defense attorneys address the following:

• 1. Elements of the Crime
• 2. Penalties
• 3. Defenses
• Additional Resources

If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.

1. Elements of the Crime

For you to be convicted in California of driving with a substance abuse addiction, prosecutors must prove beyond a reasonable doubt the following elements of the jury instructions:

1. You drove a vehicle; and
2. While you drove, you were addicted to a drug.³

Note that you do not need to be under the influence of drugs to be guilty of VC 23152(c). (Driving under the influence of drugs would be prosecuted separately under Vehicle Code 23152(f)).⁴)

What counts as a drug under VC 23152(c)?

California DUI law, including driving while addicted law, defines a “drug” as any substance – or combination of substances other than alcohol – which could so affect your nervous system, brain, or muscles as to impair your ability to drive a vehicle in the manner that an ordinarily prudent and cautious person would drive under similar circumstances.⁵

Note that the crime of driving while addicted to drugs does not only apply to illegal drugs like cocaine and marijuana. It can also apply to drugs that you can possess legally–including prescription drugs like Vicodin or hydrocodone.⁶

Example: William is injured at work and is prescribed Vicodin for the intense pain he is experiencing. The stress of the injury and of not being able to work while he recovers leads William to start taking more Vicodin than he needs. Within a few weeks he is biologically and psychologically dependent on the drug.

William continues to drive for errands even after he develops his addiction to Vicodin. Technically he is now guilty of driving while addicted.

What is the definition of “addicted to drugs”?

You are considered to be “addicted to drugs” under Vehicle Code 23152(c) VC only if all of the following are true:

1. You have become physically dependent on the drug and will suffer withdrawal symptoms if you are deprived of it;
2. You have developed a tolerance to the drug’s effects and therefore require larger and more potent doses; and
3.  You have become emotionally dependent on the drug and experience a compulsive need to continue its use.⁷

Example: Anna is a heavy user of heroin. She has tried to quit several times but each time suffered severe physical and emotional withdrawal symptoms and started using again. She also needs to “shoot up” several times a day because she has a high tolerance to the drug’s effects.

One day Anna is pulled over for driving erratically. It has been hours since she last used heroin, and she is actually on her way to her dealer’s house to buy more. The officer who pulls her over notices that she is anxious and sweating. The officer suspects her of driving under the influence of drugs and arrests her.

Anna’s DUI drugs investigation reveals that she was not under the influence of drugs while driving. Though it also reveals that she is a heroin addict. If the prosecutor chooses, he can charge Anna with driving while addicted to a drug under VC 23152(c)–which could subject her to the same penalties as if she had actually been driving under the influence of heroin!

Fortunately, California’s addicted driving law does carve out an exception if you are enrolled in an approved drug treatment program. If you are enrolled in such a program, you are free to drive your vehicle without worrying about being charged with DUI for driving while addicted.⁸

2. Penalties

Most first, second and third instances of DUI, including driving while addicted, are misdemeanors.⁹ Fourth and subsequent offenses are typically charged as felony DUI.¹⁰

The following are the guidelines for the consequences of a “straightforward” first-time misdemeanor DUI offense, which also apply to driving while addicted convictions:

• 3 to 5 years of informal DUI probation,
• a minimum $390 fine (which, after penalties and assessments is more like $1,800),
• a maximum of 6 months in a county jail, although most counties do not impose jail time on first offense cases with no aggravating factors,
• a DMV driver’s license suspension for at least 6 months, and
• a minimum 3-month drug education class, known as California DUI school.¹¹

The penalties for second and subsequent driving while addicted offenses typically include fines, probation, and DUI school but also include a longer driver’s license suspension and a mandatory jail sentence.¹²

Note that ALL forms of California DUI–including driving under the influence of alcohol, driving with a BAC of 0.08 or greater, and DUI of drugs–count as priors for purposes of VC 23152(c).

Example: Irma has had drug problems much of her life and has already been convicted of driving under the influence of drugs twice and driving under the influence of alcohol once. Now she is careful to avoid driving after using drugs, but she is still addicted to methamphetamine.

Unfortunately for Irma, one day while driving she is pulled over for running a stop sign and manages to get on the officer’s bad side. He books her for DUI even though she is not under the influence. An investigation reveals her current problems with drugs, and given her record the prosecutor decides to charge her with VC 23152(c).

This means Irma will have a fourth, more serious DUI on her record if she is convicted.

3. Defenses

According to Lancaster DUI defense attorney John Murray¹³:

“California’s law against driving while addicted to a drug is difficult to enforce and is rarely enforced. Though that does not mean it is never enforced. Prosecutors are most likely to you with VC 23152(c) charges if you already have a number of DUI priors and if they had hoped to charge you with driving under the influence of drugs–but did not have the right evidence to make that charge stick.”

Common legal defenses that you and your DUI defense attorney can use to fight charges of addicted driving include:

You Are Not Addicted to a Drug

Everybody knows that there is a lot of gray area in defining who is addicted to a drug and who is not. Casual use of a drug, even if that use is frequent, is not the same thing as addiction.

If the prosecutor does not have hard evidence that you meet the legal definition of a drug addict under Vehicle Code 23152(c) VC, you are not guilty of that crime.¹⁴

You Were Enrolled in a Drug Treatment Program at the Time of Your Arrest

California’s law against driving while addicted to a drug makes a clear exception if you are enrolled in a narcotic treatment program. Enrollment in such a program at the time you were caught driving is an ironclad legal defense to VC 23152(c).

Additional Resources

If you are struggling with substance abuse addiction, you can find help here:

• Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
• Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
• Recovery Centers of America – Treatment centers in seven states.
• SMART Recovery – Group therapy for young people struggling with addiction.
• Partnership to End Addiction – Information on how to find drug addiction treatment.

---

Legal References: