23152. (a) It is unlawful for any person who is under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle.
23153. (a) It is unlawful for any person, while under the influence
of any alcoholic beverage or drug, or under the combined influence
of any alcoholic beverage and drug, to drive a vehicle and
concurrently do any act forbidden by law, or neglect any duty imposed
by law in driving the vehicle, which act or neglect proximately
The California Highway Patrol and the District Attorneys have made it clear that drivers operation under the “influence of prescription drugs or over counter drugs” will be prosecuted. Operating a vehicle while under the influence of a prescription narcotic is not a defense. There are many prescription medications that are not narcotic or cause drowsiness.
“This company will pay for my school. I also have to sign a one-year contract to drive for them. One worry I had was my prescription pain meds for my back. I take Vicodin and it looks like it only stays in your system for 5 to 7 days so if I stop taking my pain meds 10 to 12 days before the drug test I should be ok. Dale”
1. Do not be naive when it comes to drug testing. In the job I retired from the standard was that you had to be at the drug testing location within two hours of notification. In a post retirement driving job, the company tester would contact the driver on the road without notification. The driver would be given a breathalyzer test, and provide a urine simple. There was no putting it off for a week to get the drugs out of ones system. Frankly the company was more worried about the insurance company than DOT.
Federal money has been going to the States for special enforcement of trucking violations. Most truckers are safe drivers but the problem is that the energy produced by the monster they are driving normally results in a death if an accident happens on the road. The result is a lot of trucks are being stopped, the equipment and log books inspected and some drivers are being hauled to jail for being under the influence.
I am guessing your back is not going to hold up when you arrive at a warehouse with a load and they point out to you that the load is not delivered until “you” unloaded it.