Did you know that under California Vehicle Code VC 23152f driving under the influence of drugs, you can be charged with a DUI even if you have not been drinking? If you have taken a substance, whether illegal drugs or a legally prescribed medication, that impairs your ability to drive safely, you can face a Drug DUI charge. The consequences of a driving under the influence drug (DUID) charge include the same potential penalties as alcohol-based DUI charges, including fines, jail time, and loss of your driver's license.
If you face DUI of drugs charges in California, your priority should be retaining the best possible DUI lawyer to represent you throughout the process. Our compassionate and dedicated team at My Rights Law will work closely with you to defend your case and seek the best possible outcome. For a free consultation about the details of your case, contact our DUI drugs lawyer at My Rights Law immediately by calling us at (909) 340-2000 or through our secure form.
California Vehicle Code 23152(f)
makes it illegal to drive under the influence of a drug. This includes both controlled substances and medications legally prescribed to you. While a DUI alcohol charge would be based on your blood alcohol content, a DUI drug presents a much more challenging charge to prove, especially when it involves prescription drugs. Whether a driver is legally impaired or intoxicated from their use of legally prescribed medication can be a very subjective analysis for the prosecutors. A savvy and experienced defense attorney such as those at My Rights Law can help craft an argument that challenges the charges and provides a defense to the evidence presented by the prosecution.
A drug is any substance or combination of substances—other than alcohol—that affects your brain or body in a way that would impair or prevent you from driving as an ordinary, reasonable driver would drive. These substances include:
The same California statute covers Drug DUI and alcohol-based DUI. The language addressing DUI Drugs offenses is vague:
If you are pulled over or involved in an accident, and the responding officer suspects you might be impaired, you may be asked to take a breathalyzer test and do field sobriety tests.[1] If your blood alcohol content is below the legal limit, the officer may request an evaluation by a certified Drug Recognition Expert, who may then perform a cheek swab that will be analyzed for the presence of drugs.
Unlike your blood alcohol level, California laws do not define a "legal limit" for drugs in your system. A knowledgeable attorney will advocate based on the facts of your case and your personal circumstances. Because of this, if you are charged with DUI arrest for drugs, retaining the team at My Rights Law firm provides you with the best chance to challenge the prosecution's assertion that you were "under the influence."
The prosecutor will try to paint a picture based on observations of the witnesses, officers, and investigators at the scene. This can include:
As with DUI alcohol, DUI prescription drugs are usually charged as a misdemeanor in California, but the consequences can have longer-term impacts, including:
If this is a DUI drugs first offense, but certain circumstances are involved in your charges, you could be more likely to receive jail time for even a first offense. These include:
A prescription drug-related DUI will be charged as a felony under one of the following circumstances:
A felony DUI conviction carries even more severe consequences:
A skilled attorney will attempt to raise a variety of defenses when you face DUI drug charges to avoid a dui drugs conviction:
The team at My Rights Law firm has extensive experience in challenging the validity of traffic stops made by police that lead to DUI charges. Law enforcement must have a legally defensible reason – cause – to pull you over. If they do not, any "evidence" collected from that stop – field sobriety, blood tests, statements you make – cannot be used to support the charges. My Rights Law will also skillfully advocate against the accuracy and validity of any blood or chemical tests the prosecution seeks to rely on in their case. We may be able to demonstrate that these tests were improperly administered or that the results are unreliable.
If you face DUI drug offenses, speaking with an attorney who is fully versed in the nuances of challenging field sobriety tests or other aspects of the traffic stop or interaction with the officers will give you the best chance to limit the impact.
DUI drugs is one of the most commonly committed California drug crimes. DUI drug is a drug offense that may involve driving while under the influence of alcohol, drug paraphernalia, or any other controlled substance. Every state in the United States has its own version of a DUI statute that prohibits the operation of a motor vehicle while being under the influence or operating a motor vehicle while intoxicated by a substance that is known to impair an individual's motor skills.
A DUI drug charge lawyer is one of the most important legal professionals a person can hire when facing charges related to driving under the influence of drugs. A lawyer specializing in this area of law can provide critical guidance and assistance to those accused of driving while under the influence of drugs. This lawyer can help to protect their client's license suspension, defense strategies, and driving privileges.
The DUI drug charge lawyer will be able to help their client understand the implications of the charges and how to best approach them. They will also be able to explain the different types of drugs that influence a person’s ability to drive, including cold medicine, prescription medications, illegal narcotics, and over-the-counter drugs. They will also be able to advise their client on the various signs of drug impairment and how law enforcement officers can detect it.
The DUI drug charge lawyer will also be able to explain the blood and chemical testing that can be used to detect a person’s drug concentration levels. This includes blood draws, blood alcohol concentration tests, and urine tests. They will be able to describe the potential consequences of the charges, such as potential jail time, loss of driving privileges, and even vehicular manslaughter. The lawyer will also be able to discuss the effects of drugs on driver performance and the potential for felony charges.
Finally, the DUI drug charge lawyer will be able to explain the defense strategies that can be employed to fight the charges. This can include hiring an independent toxicologist to review police reports and counter the influence of drugs. The lawyer can also explain the symptoms of drug intoxication and the differences between drunk driving and drugged driving laws. They will also be able to advise on the use of medical conditions and anti-anxiety medications that can reduce the effects of drugs on the driver’s performance. Ultimately, the DUI drug charge lawyer will be able to help their client understand the potential consequences and ensure the best possible outcome.
DUIDs may involve different substances, including:
A DUI drug may be linked to other, heavier charges, such as drug trafficking, drug sales, or drug possession charges.
Punishments for such offenses could include a fine, prison sentence or potentially your participation in drug diversion programs. In that case, it is in your best interest to hire a criminal defense lawyer to help you fight the dui drugs charges. Our criminal defense firm should be your first stop when searching for an experienced criminal defense attorney.
This page was written, edited, reviewed, and approved by Bobby Shamuilian.
Attorney Shamuilian is the managing partner and founder of My Rights Law and is widely recognized as a legal authority, frequently appearing as a legal analyst and TV pundit on national news outlets.
He has earned a perfect “10.0 – Top Attorney” rating on AVVO and a “10.0” rating on Justia, and has been named among the “Top 40 Under 40” and the “Top 100 Trial Lawyers” by The National Trial Lawyers.
With his proven expertise and dedication, Mr. Shamuilian is committed to protecting your rights and achieving the best possible outcome for your case.
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