CA Vehicle Code 21352(c) VC - Driving While Addicted to Drugs
In California, DUI laws clearly cover driving under the influence of alcohol or drugs, as outlined in Vehicle Code 21352(a) VC and Vehicle Code 21352(f).
However, it may be less known that in California, it is also considered DUI to drive if you are addicted to drugs, regardless of whether you are currently under the influence. The law regarding driving while addicted to drugs has clear "elements of the crime."
Specifically, to secure a conviction, the prosecution must demonstrate only that you operated a vehicle and that you were addicted to a drug during that time.
Although it's not often prosecuted, Vehicle Code 21352(c) VC makes it a criminal offense to drive while addicted to a drug, which is regarded as a type of California DUI.
Notably, penalties under VC 23153(c) do not apply to individuals enrolled in approved drug treatment programs. Although enforcement of this drug-related driving law is infrequent, it remains part of the DUI legal framework.
A conviction under this statute can lead to severe penalties, particularly if you have previous DUI offenses on your record.
A first-time misdemeanor DUI in California is a serious criminal offense that can affect your freedom, finances, driving privileges, and future opportunities. A second DUI in California carries much more severe penalties compared to a first offense.
What Does VC 23153(c) Say?
VC 23153(c) says, "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."
If convicted of this offense, you may face up to 6 months in county jail, depending on the case details. Convictions for multiple offenses could lead to charges being upgraded to felonies, resulting in longer sentences.
As noted, the law states it is illegal for anyone addicted to any drug to operate a vehicle. To clarify, let's examine some key definitions.
What Defines a Drug Addiction?
According to California law, you're classified as "addicted" if you satisfy all the following conditions:
- You are physically reliant on the drug in question, experiencing withdrawal symptoms if you cease use.
- You need progressively higher doses of the drug to achieve the desired effect; AND
- You rely emotionally on the drug, leading to compulsive use.
As you can imagine, proving some of these criteria can be challenging for prosecutors without supporting testimony from expert physicians and mental health professionals. This difficulty is probably why prosecuting this particular offense isn't always practical.
VC 21352(c) explicitly exempts drug addicts who are enrolled in an approved narcotics treatment program. If you're addicted but actively involved in treatment, you are allowed to drive and should not be prosecuted under this law.
What Defines a Drug?
For DUI purposes, California Vehicle Code 312 VC explicitly defines a "drug" as "any substance or combination of substances, other than alcohol, that can significantly impair the nervous system, brain, or muscles of a person, affecting their ability to drive.
This impairment occurs to an extent that a reasonably prudent and cautious person, fully alert and exercising reasonable care, would find difficult to operate a vehicle safely under similar conditions."
Any of these items could be considered a drug according to this definition:
- Illegal substances such as cocaine and heroin
- Legal substances such as marijuana
- Prescription drugs (e.g., Vicodin, Valium)
- Over-the-counter medications (which can potentially be addictive)
- Any combination of the above
Note that alcohol is not included among these drugs, and alcoholism is not considered a drug addiction for the purposes of VC 21352(c).
What Are the Penalties for VC 21352(c)?
Driving under the influence of drugs is considered a misdemeanor in California. However, repeated offenses lead to harsher penalties, and four or more offenses can result in felony charges.
Specifically, the misdemeanor penalties for VC 21352(c) include the following:
- A mandatory base fine of $390 is imposed, but assessments and fees often increase this amount considerably, sometimes reaching up to $1,800.
- Typically reserved for repeat offenders, up to 6 months in jail;
- A six-month suspension of your driver's license.
- Mandatory attendance at a three-month drug education program called "DUI school."
In many cases, particularly for first-time offenders, judges often assign 3-5 years of DUI probation instead of jail for VC 23152(c) offenses.
However, if you have multiple previous DUI offenses, the penalties usually involve significant fines, probation, and DUI education.
Additionally, there may be an extended driver's license suspension and a mandatory jail sentence, both of which increase with each subsequent conviction under VC 23152(c) or other DUI statutes.
What Legal Defenses are Available?
A skilled California criminal defense attorney often uses effective strategies to challenge charges under VC 21352c. One potential argument is that you are undergoing treatment.
By presenting proof of your enrollment in an approved treatment program, you may qualify for an exemption from prosecution under VC 21352(c).
Enrolling in a treatment program after your arrest and before trial doesn't guarantee results, but it can show your willingness to cooperate. Your attorney might use this to argue for dropping charges or reducing penalties.
We could also contend that you're not addicted, as the prosecution must prove legal addiction—this often requires strong evidence or an expert witness. Your lawyer might also suggest your drug use was isolated or casual, which could be enough to dismiss the charge.
If you are facing DUI drug charges, contact us by phone or fill out the contact form to discuss your case. Cron, Israels & Stark is located in Los Angeles, California.