DUI is a very severe offense under California law. It prohibits operating a vehicle while under the influence of alcohol or drugs. A general law against DUI is under VC 23152. It has various sections against which you can face DUI charges based on the details of your case. For example, VC 23152(f) makes it a crime to operate a vehicle while under the influence of drugs. Note that you are considered to be driving while under the influence when drugs impair your physical and mental abilities.
In this context, “drugs” means any substance that impairs your ability to drive safely as a sober person would. You can face DUI charges for driving while under the influence of drugs only or a combination of alcohol and drugs. Although DUID is mainly a misdemeanor offense, you can face felony charges under specific circumstances.
At CCLG: Los Angeles Criminal Attorney, we can help in many ways if you face DUID charges in Los Angeles. We can guide you through complex legal processes, protect your rights, explain your options, and build a strong defense to pursue the best possible outcome.
The Legal Meaning of Driving Under the Influence of Drugs
Driving under the influence of alcohol or drugs is strictly prohibited in California because of its devastating effects. DUI is one of the leading causes of road accidents, particularly those resulting in serious injuries or fatalities. The government has implemented many measures to reduce DUI cases in the state and keep the roads safe for all users, including motorists, bicyclists, motorcyclists, and pedestrians. If you are suspected of driving under the influence, you can be arrested and charged. The penalties of a DUI conviction are generally severe and can include a lengthy jail sentence, a hefty court fine, and the suspension of your driver’s license.
The DUI law, under VC 23153, is a general law that prohibits impaired driving by alcohol or drugs. It has various subsections for the different ways in which people commit DUI. For example, VC 23152(a) prevents any form of impaired driving, whether by drugs or alcohol. VC 23152(b) prohibits driving with a blood-alcohol concentration level of .08% for ordinary drivers, .04% for commercial drivers, and .001% for underage drivers. VC 23152(f) is also a popular section of this law, which prohibits driving under the influence of drugs. The nature and quantity of the drugs do not matter in this case, as long as the prosecutor can prove that they had impaired your ability to drive safely.
The prosecutor can file misdemeanor or felony charges against you, based on the details of your case and your criminal history. A misdemeanor DUID charge occurs if it is your first, second, or third DUID, and you do not have aggravating factors, like an injury or death. A felony DUI charge is possible if it is your fourth or subsequent DUID, or if there are aggravating factors in your case. You can also face felony DUID charges if you have a prior felony DUI-related conviction on your criminal record. A competent criminal attorney will ensure you understand your charges better to plan well for your defense.
The legal meaning of driving under the influence of drugs is contained in the elements of the crime, which the prosecutor must prove beyond a reasonable doubt to obtain a guilty verdict. These elements include the following:
- That you operated a vehicle while under the influence of drugs
- The drugs impaired your physical and mental abilities to drive
When the police suspect you of driving under the influence, they can arrest and investigate you further for DUID. They can administer a chemical test to determine whether you are under the influence of alcohol or drugs. The test will also determine the nature of the drugs in your system. A positive result of drugs in your system will be a critical piece of evidence during the trial.
You can face DUID charges for driving under the influence of any type of drug. What matters is that the drug impaired your ability to drive safely like a sober person would. In this case, a drug is any substance or combination of substances that can affect your brain, nervous system, or muscles to the point of impairing your ability to drive like a cautious person would. Drugs can be legal, illegal, or controlled substances or prescription drugs. Some over-the-counter medications, like cold medicines and antihistamines, can also impair your driving abilities.
However, some drugs lead to more DUID charges in California than others. They include the following:
- Marijuana
- Ambien
- Methamphetamine
- Prescription medications like OxyContin and Vicodin
Although most DUID arrests are usually attributed to these drugs, any medication that affects your brain, nervous system, or muscles can impair your ability to drive safely, and it can result in severe DUID charges.
Remember that the nature of the drug or the amount does not matter as long as it has affected your ability to drive safely. Thus, there is usually no legal limit to the drugs you can consume as a driver in California. A legal limit is generally set for alcohol consumers to ensure that drivers in various categories do not consume more alcohol, which can impair their driving capacities. For example, an alcohol limit for ordinary drivers is set at 0.08%, while that of commercial and taxi drivers is set at 0.04%. Underage drivers are not allowed to drive with any amount of alcohol in their system.
However, a different rule applies to drugs because the exact amount of drugs that can impair a driver’s abilities is unknown. In this case, it is critical to avoid driving if you are on drugs that affect your muscles, brain, or nervous system. The law specifically prohibits drivers from operating a vehicle while under the influence of drugs, while addicted to drugs (unless you are on treatment), or while under the influence of a combination of alcohol or drugs.
How DUID Arrests are Done in California
Most DUI cases, including DUIDs, start with a traffic stop by the police. An officer can stop you if your driving appears impaired or if you commit a traffic infraction. At a scheduled DUI checkpoint, an officer can also stop and investigate you for DUID. Remember that the police need probable cause to make these stops. Thus, if you are speeding or driving erratically, you can be investigated for DUID. An officer can also stop you if you run a red light or fall under the criteria the police are using to stop motorists at a DUI checkpoint. The investigation can result in an arrest, depending on the officer’s observation or how you perform in the tests the officer administers.
After stopping you on suspicion of driving under the influence, a police officer can ask the following questions to gauge your response:
- They can ask if you have been drinking alcohol or using drugs
- An officer can ask you to take a preliminary screening test to determine the level of alcohol in your system. This is usually administered using a breathalyzer.
- The officer can ask you to take a few field sobriety tests to test your sobriety and coordination.
While asking these questions, the officer will pay more attention to any physical indications of intoxication. For example, they will check if your pupils are constricted or dilated. They will also pay close attention to any smell of drugs or alcohol on your breath or clothes. The officer will also quickly scan your vehicle or person with their eyes for any visible paraphernalia.
Before an arrest, you can refuse to take the preliminary tests without getting into legal problems. However, you must politely decline to avoid confronting the officer, which can worsen your situation. If the officer has probable cause for your arrest, for example, from your physical symptoms, your driving behavior, or the test results, they will arrest and charge you with DUI. However, they must determine whether you are driving under the influence of alcohol or drugs. The police can call a drug recognition expert to the scene or police station to resolve this.
Once you are under arrest, you must submit to tests to determine the nature and amount of drugs in your system. A drug recognition expert will take mouth swabs to test for drugs in your system. These experts are usually police officers with special training in drug recognition. The trained officer can quickly identify when a person is under the influence of drugs from their behavior and physical symptoms. If a drug recognition expert is not available during your arrest, you could be subjected to a blood or urine test.
The Drug Impairment Evaluation Procedure
If the police suspect you of driving under the influence of drugs and call a drug recognition expert, the expert will take over the investigation. Generally, they conduct a detailed evaluation, which includes the following 12 steps:
- They will start by ensuring that your BAC results do not indicate any alcohol impairment. If there are traces of alcohol in your system, and a drug test comes back positive, you will face charges under VC 23152(g). However, if the alcohol test is negative and you are under the influence of drugs, you will face DUID charges under VC 23152(f).
- The expert will also interview the officer who arrested you to gather more background information on your case. They can ask about your conduct on the road and after the traffic stop.
- The expert will also check physical indications of intoxication. They can check your pulse rate a few times, your pupil’s size, muscle tone, and traces of drugs in your nostrils or mouth. They can also inspect your body for track marks or injection sites.
- The expert will also conduct an eye-tracking examination to determine your horizontal gaze nystagmus. This test checks for the involuntary jerking of an eye, which indicates drug use.
- They can re-administer some field sobriety tests (if the arresting officer administered them before the arrest). These tests determine your coordination and ability to follow instructions. Failing in these tests can support the officer’s suspicion that drugs have impaired your mental and physical abilities.
- The expert can also ask direct questions about your history of drug use and the drugs you are currently using as they observe your behavior or body language.
- Finally, they can ask you to submit to blood or urine tests to determine the exact drugs in your system.
What To Expect During a DUID Trial
Remember that an investigation by a drug recognition expert can occur before an arrest. If the police do not have probable cause for your arrest, they will wait until the expert reports to make a DUID arrest. However, they can arrest you before the evaluation if they have probable cause for an arrest. These evaluations are usually done in a controlled, well-lit area, mainly a police station. The assessment is done better than it could be done on a roadside.
Remember that before an arrest, you do not have to answer any questions asked by a police officer, including the drug recognition expert. You can politely decline or exercise your 5th Amendment right to protect yourself from self-incrimination. However, there could be consequences if you are an underage driver (21 years or younger) or are on DUI probation. Consequences also apply if you are under arrest; the implied consent law requires you to submit to chemical tests after a DUI arrest.
During the trial, the arresting officer will testify first about how they suspected you of impaired driving. Some of the reasons they can use as probable cause for your arrest include the following:
- The fact that your driving was unsafe, and could have resulted in an injury
- You showed physical symptoms of being under the influence of drugs, including slurred speech, red, watery eyes, unsteady gait, or a flushed face.
- You did not perform well in the field sobriety tests (if they were administered)
The drug recognition expert will also table their report before the judge. The expert will likely provide the most valid evidence against you from their evaluation. Their report will confirm that drugs impaired your driving and that you did not have an underlying medical condition. The expert’s testimony will also name the specific drug that had impaired your driving. If a drug recognition expert did not evaluate you, the police can use any other evidence to support your charges, including a positive blood or urine test.
Possible Penalties for a DUID Conviction
Driving under the influence of drugs is mainly a misdemeanor in California. However, the prosecutor can file felony charges under the following circumstances:
- If you have three prior DUI convictions on your record within ten years
- If you have a prior felony DUI conviction on your record
- If you were involved in an injury that resulted in a fatality or severe injury
A misdemeanor DUID conviction will likely result in the following penalties:
- A maximum of one year in jail, or
- Three to five years on misdemeanor probation
- At least $390 in court fines, which can increase to up to $1,800, together with penalties and assessment costs
- Driver’s license suspension for six months to three years, depending on your criminal history
- At least three months in a court-ordered DUI school
A felony DUID conviction is punishable by the following:
- 16 months, two or four years in prison, or
- Felony probation for up to five years
- $1,000 to $5,000 in court fines
- Four years of driver’s license suspension
Judges determine penalties for a DUID conviction on a case-by-case basis. They will evaluate your penalties based on the following factors:
- Your criminal history, specifically if you have a prior DUI or wet reckless conviction on your record
- The circumstances of your case
- If anyone was killed or injured due to your actions
- If you can benefit from a drug diversion program
Generally, if you are convicted of driving under the influence of drugs, you are ineligible for drug diversion programs. However, a competent attorney can convince the court to dismiss the DUI charge for a conviction for being under the influence of a controlled substance, which can qualify you for drug diversion. You must also meet other requirements for the judge to sentence you to drug diversion, including not having a criminal history or a prior DUI conviction.
Additional penalties can apply if you fail to submit to chemical testing after a DUID arrest. The additional penalty can be an automatic suspension of your driver’s license for at least one year and a mandatory jail sentence of at least 48 hours.
How To Fight a DUID Charge
Driving under the influence of drugs is a severe offense that can result in severe penalties and other life-changing consequences. You can be sentenced to jail, charged a hefty fine, or lose your driving privileges for several months or years. A DUID conviction will also leave you with a life-changing criminal record that can continuously impact your life for years. However, you can influence the outcome of your case through a solid defense. Here are some defense strategies that a competent criminal attorney can use to convince the court to dismiss or reduce your charges:
Officers Did Not Have Probable Cause
Law enforcement officers need probable cause to stop and investigate a motorist for driving under the influence. They can stop you after committing a traffic infraction or at a scheduled DUI checkpoint. If you drive erratically or speedily, run a red light, or commit any other traffic offense, an officer can investigate you for driving under the influence of drugs if they suspect you of it. However, you can fight your charges, regardless of the test results or the findings of a drug recognition expert, if the police did not have probable cause to stop you in the first place. If your defense is accepted in court, the judge will throw out any evidence gathered against you and dismiss your case.
The Police Violated Title 17 Guidelines
Title 17 guidelines ensure that the police use the proper procedures when collecting, analyzing, and storing blood, urine, and breath samples used in DUI investigations. They ensure that credible evidence is presented for a fair determination of cases. If you suspect or have proof that the police did not follow proper guidelines when administering chemical tests or storing samples, you can use this defense to convince the court to dismiss your test results. Remember that the prosecutor must prove all elements of your case beyond a reasonable doubt to obtain a conviction. If the judge dismisses critical evidence, it can leave the prosecutor with insufficient evidence to meet the burden of proof.
You Were Not Under the Influence of Drugs
Although the police build DUI cases on signs and symptoms of impaired driving, including erratic driving, traffic violations, and physical signs like red, watery eyes, they can be mistaken. Other factors could cause you to exhibit the above signs without necessarily being under the influence of drugs. For example, you could be sick, fatigued, or exhibiting signs of an allergic reaction. You can support this evidence with alternative proof of the exact cause of your symptoms to compel the judge to dismiss your charges.
Find an Experienced Criminal Attorney Near Me
Driving under the influence of drugs is a severely punished crime in California. However, you can influence the outcome of your case with the help of a competent criminal attorney. In addition to helping you navigate the legal processes and understand your rights and options, an attorney can represent you in court and help you fight your charges. They can gather evidence to weaken the prosecutor’s case or convince the court to reduce your charges.
At CCLG: Los Angeles Criminal Attorney, we have the proper training and experience to handle all DUI cases. We can work closely with you to ensure you understand the implications of your case, your options, and the best defense strategies for a favorable outcome. Call us at 323-922-3418 to discuss your situation and our services further.
