March 21, 2020
Drug DUI in California
In California, it is illegal for any person to drive a vehicle if their faculties are compromised either by legal or illegal drugs. As both prescription medications and illegal drugs may impair a person’s ability to operate a motor vehicle, any person caught driving erratically while under the influence of medication can be charged with a DUI under Vehicle Code 23152(a). For persons in San Bernardino or Riverside County charged with a drug related DUI, it is always advisable to discuss their case with an attorney familiar with such charges.
Regardless of the medication involved, if its ingestion impaired the driver’s ability to safely drive their vehicle and the impairment is manifested by bad driving (swerving, failure to come to a complete stop, car accident etc.), the individual may face DUI charges as if they had been under the influence of alcohol. While the most common drug involved in DUI cases happens to be marijuana, any drug could result in a drug related DUI if the effects are severe enough.
The reason an experienced lawyer is needed for a drug related DUI case is that they can become complicated in a hurry. With a criminal defense attorney on their side, clients can rest assured that they are getting the best legal representation possible for their drug DUI charge. If you have been charged with a DUI based on any of the substances below, contact us today to start building a defense:
- Crack cocaine
- Prescription drugs
Drug DUI Penalties
Individuals convicted of Vehicle Code 23152(a) can face up to 180 days in county jail, probation, community service and/or drug and alcohol classes. In addition, a criminal conviction can affect an individual’s personal or professional life, if their employer learns of the arrest.
Potential Defenses to a Drug DUI Charge
If a person is arrested for drug related DUI charge, it is very important to seek the assistance of an experienced attorney who understands the charges as they can prove complicated. It is often difficult for the prosecution to establish probably cause for the traffic stop or that the procedures employed in retaining the blood sample were adequately observed. An experienced attorney will be able to review the evidence and prepare a defense that gives you the best chance to beat the charges or negotiate a fair plea before trial. Your lawyer will assure that any evidence was collected properly and that searches and seizure were carried out without infringing on your rights under the Constitution.
Since drug related DUIs are treated similarly to alcohol related ones, the stigma associated with a conviction can be harsh and the consequences very serious and life-changing. If you have been charged with violating Vehicle Code 23152(a) in San Bernardino or Riverside, obtain the advice of a competent, highly skilled attorney who will fight aggressively to avoid the stiff punishments and fines associated with a conviction.