California Vehicle Code 23152(f) VC – DUI of Drugs Law
In addition to it being illegal to drive under the influence of alcohol in California, it is also illegal to operate a motor vehicle under the influence of drugs, whether illegal or prescription.
According to DUI laws in California, being 'under the influence' means you're not able to drive as safely as a sober person would under the same conditions. If you're arrested for a drug DUI, it's important to get help from a lawyer who knows about DUI cases.
The primary issue in drug-related DUI offenses is for the police to show that you were intoxicated on a substance that you voluntarily took, and it impacted your ability to operate a motor vehicle safely.
In our experience, we have seen drug-related cases rise significantly. In many cases, drivers are taking lawfully prescribed drugs but still find themselves arrested for DUI of drugs.
It's important to note this is a lawful arrest due to the fact that the law is clear that if you take something that affects your ability to drive, you can be charged with a DUI.
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.
Diversion and Alternative Sentencing
There is a military diversion program for DUIs for some veterans in California who were arrested for misdemeanor driving under the influence. This program allows eligible veterans to receive treatment and counseling instead of facing criminal charges, demonstrating our commitment to serving all clients.
Our firm has experience with this program and can guide you through the process if you are eligible.
Under California law, judges have the discretion to offer defendants DUI alternative sentences when appropriate, such as attending a DUI deterrent program, in lieu of jail time.
If you have been accused of driving under the influence of drugs, known as “DUID,” it's crucial to call a Los Angeles DUI attorney at our law firm to review the details of your case. A practiced DUI defense attorney can help you understand your rights, navigate the legal process, and build a strong defense.
They can also challenge any evidence against you, protect your rights during police interactions, and negotiate with prosecutors on your behalf. It's not uncommon for police to search a vehicle without a warrant because several exceptions and loopholes allow officers to do so.
In California, it is sometimes possible to reduce a DUI charge to a wet reckless or dry reckless through negotiation or by exposing weaknesses in the prosecution's case.
Submitting to DUI Chemical Tests
Unlike alcohol, there is no “illegal limit” of drugs in the system that would cause someone to be placed under arrest. The arresting officer will use subjective methods to judge if you are under the influence of drugs and unable to operate your vehicle safely.
Once arrested, you would be taken to a facility and administered a blood or urine test to determine if the officer's subjective reality was correct or not regarding your being under the influence of drugs.
The process is slightly different from an alcohol DUI in that you would not have your driver's license automatically suspended upon arrest. You must first be convicted of a DUI before a suspension would occur.
Possible DUI Conviction Consequences
Drug DUI charges are not to be taken lightly. A conviction can have severe repercussions, including the loss of your driver's license, significant fines, mandatory drug education programs, and even jail time.
The impacts on your job, prospects, and family life underscore the gravity of the situation. By contacting our defense lawyers, you can begin building a sound defense to resolve your case as quickly as possible with minimal upset to your life.
The impacts on your job, prospects, and family life underscore the gravity of the situation. By contacting our defense lawyers, you can begin building a sound defense to resolve your case as quickly as possible with minimal upset to your life.
Although officers can be trained as Drug Recognition Evaluators, their expertise and the equipment, protocols, and capabilities of the blood/urine tests can be challenged.
California Vehicle Code 23572 VC imposes increased penalties if you drive DUI with a child under the age of 14 in the vehicle.
If you have been charged with felony DUI or causing injury under VC 23153, we might be able to help you avoid jail time.
Notably, under the California and United States Constitutions, DUI checkpoints are legal and have been confirmed and validated by numerous court cases as long as they meet specific standards.
Defenses for a DUI Drug Charge in Los Angeles
Our experienced Los Angeles DUI lawyers can use a variety of legal defenses to fight your DUI or drug charges:
- You were not under the influence of drugs – perhaps we can show your physical condition was due to exhaustion or anxiety, mistaken for drug impairment.
- Inaccurate chemical test—perhaps we can show that the chemical testing was in error due to contaminated medical equipment or improper handling of the samples.
- Collection and storage of your blood or urine samples were not handled properly according to procedures under California's Title 17.
- One potential defense is challenging the probable cause. We can argue that there was insufficient reason to initiate the DUI traffic stop, which could potentially lead to a dismissal of your charges.
A conviction for a drug DUI can have severe repercussions, impacting your job, prospects, and family life. However, with early legal assistance, the potential for a favorable outcome increases. It's crucial to understand the gravity of the situation and seek legal assistance immediately. The sooner you act, the better your chances of a favorable outcome.
A wet reckless is one of the most common plea reductions in California DUI cases. It involves a negotiated agreement where a DUI charge is downgraded to reckless driving involving alcohol under Vehicle Code 23103.5.
Contact Our DUI Defense Law Firm
With a combined legal experience of over 100 years, our firm is committed to providing you with the best possible defense based on the circumstances of your arrest. You can trust us to handle your case with expertise and dedication, giving you the reassurance you need during this challenging time.
We use various DUI defense strategies to get your charges reduced or dismissed. We are committed to guiding you through the entire DUI court process, especially if you have multiple DUIs.
In California, you can get a DUI expunged if you have completed probation, which typically involves paying fines, DUI school, AA or NA counseling, MADD program, alcohol testing, community service, or Caltrans work.
If you have been arrested for a drug DUI, contact Cron, Israels & Stark for informed help so we may begin a proper investigation into your charges.