Los Angeles DUI of Drugs Attorney
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, “under the influence” is defined as being unable to operate a vehicle with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances. If you are arrested for a drug DUI, you must seek the help of a practiced DUI defense attorney.
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 the law is clear that if you take something that affects your ability to drive, you can be charged with a DUI.
There is a military diversion program for a DUI for some veterans in California who were arrested for misdemeanor driving under the influence.
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,” call a Los Angeles DUI attorney at our law firm to review the details of your 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 the DUI before a suspension would occur.
Drug DUI charges are serious. However, by contacting our defense lawyers can begin building a sound defense in order to attempt 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, future prospects, and family life. It's crucial to understand the gravity of the situation and seek legal assistance immediately.
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.
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.
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.
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