Combining alcohol with other substances that impair driving ability significantly increases the risk of traffic collisions and is a major factor in California personal injury cases. Even small amounts of alcohol, when combined with prescription drugs, over-the-counter medications, or illegal substances, can result in severe impairment—slowing reaction times, dulling judgment, and increasing drowsiness.
In a personal injury case, a driver who causes an accident while under the influence of multiple substances may be held fully liable for damages, and their conduct may rise to the level of gross negligence, warranting punitive damages in addition to compensatory ones.
🚨 Legal Context in California
1. DUI Laws Cover Multiple Substances
Under California Vehicle Code § 23152(g):
“It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.”
This means that mixing alcohol and drugs—whether prescription, over-the-counter, or illegal—is specifically prohibited if it impairs driving ability.
2. Negligence Per Se
- If a driver violates § 23152(g) and causes an accident, they can be found negligent per se in a personal injury case.
- The plaintiff (injured person) must show:
- The driver violated the law (was under the combined influence).
- The violation caused the accident.
- The plaintiff suffered harm as a result.
🚗 How Mixing Substances Impairs Driving
When substances are combined, their impairing effects are often amplified, not just added. Common interactions include:
- Alcohol + Marijuana: Increases lane weaving, slows reaction time, and affects motor coordination.
- Alcohol + Benzodiazepines (e.g., Xanax, Valium): Leads to extreme sedation, confusion, and delayed responses.
- Alcohol + Opioids (e.g., Vicodin, Oxycodone): Causes drowsiness, dizziness, and potentially unconsciousness.
- Alcohol + Antihistamines (e.g., Benadryl): Intensifies drowsiness and slows reflexes.
Even if a driver’s blood alcohol content (BAC) is below 0.08%, their driving can still be impaired due to the synergistic effect of combining substances.
⚖️ Personal Injury Case Elements
1. Duty of Care
All drivers owe a duty to operate their vehicles safely and soberly.
2. Breach of Duty
Driving after consuming alcohol with other impairing substances constitutes a breach of that duty.
3. Causation
You must prove that this breach caused the accident. Evidence may include:
- Toxicology reports
- Witness statements
- Police reports noting impairment or erratic behavior
- Dashcam footage showing failure to brake, drifting, or delayed responses
4. Damages
If the plaintiff proves the driver’s impairment caused the accident, they may recover damages for:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
- Future medical costs
💰 Potential Damages
| Type of Damage | Description |
|---|---|
| Economic Damages | Medical bills, lost income, rehabilitation costs |
| Non-Economic Damages | Pain, suffering, emotional distress, loss of enjoyment of life |
| Punitive Damages | Possible if driver’s conduct was reckless or showed conscious disregard for safety (e.g., knowingly mixing substances) |
📑 Evidence Commonly Used
- Blood or urine test results showing multiple substances
- Prescription records showing the driver was warned not to mix with alcohol
- Body cam/police reports documenting impaired behavior
- Witnesses who saw the driver using or admitting to using substances
- Crash scene evidence (e.g., open containers, pill bottles)
🛡️ Defenses the Driver May Raise
- Not Impaired at the Time
The driver may argue they were not actually impaired, even if substances were present in their system. - Unaware of Interaction Risk
The driver might claim they were unaware that combining the substances would impair them. However, this is weak if:- The medication label warned about alcohol interaction.
- A doctor or pharmacist warned the driver.
- Comparative Negligence
The defense may claim the injured party was also partially at fault (e.g., speeding, distracted driving). California allows recovery even if the plaintiff is partially responsible, but damages are reduced proportionally.
✅ Conclusion
Combining alcohol with other substances and then driving is a highly dangerous and legally risky action in California. In a personal injury case:
- The impaired driver can be found negligent per se.
- Victims may be entitled to substantial economic and non-economic damages.
- If the driver’s conduct was especially reckless, punitive damages may be awarded.
➤ If you’re the victim of such a crash:
- Preserve evidence (photos, medical records, police reports).
- Seek legal help immediately.
- Don’t accept quick settlement offers without legal review.
Law Offices of James R. Dickinson – 909-848-8448
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