Driving Under the Influence of Illegal Drugs
Driving under influence of drugs (DUID) and alcohol is a crime in many states like
California.
Intoxication and illegal drugs affect the nervous system, brain or muscles thereby
causing physical or mental impairment that prevents a motorist from driving with
the same caution that a reasonable and prudent person would exercise under the same
or similar circumstances. In California, driving under the influence of illegal
drugs has the same punishment as driving while intoxicated in the event of a conviction.
The penalties can be severe. But the court has the burden of proof. Seeking the
assistance of a competent Orange County DUI Attorney is best course of action.
Another similarity between DUI alcohol and DUI drugs is: both are usually proved
through circumstantial evidence. By circumstantial evidence it is meant that inferences
are required in order t make a conclusion of fact. Thus, the officer's observations
of the person’s driving patterns and appearance as well as the performance on any
field sobriety tests and chemical tests can all come into play when prosecuting
either charge. This means that a skilled DUI lawyer can challenge the charge at
almost every stage of the process.
Section 23152a of the Vehicle Code, the law that discusses driving under the influence
of drugs provides:
It is unlawful for any person who is under the influence of any alcoholic beverage
or drug, or under the combined influence of any alcoholic beverage and drug, to
drive a vehicle.
Although the two charges may sound similar, they differ in a number of ways. First,
there is no blood alcohol content (BAC) in driving under influence of illegal drugs
unlike that of alcohol with which to gauge a driver's level of intoxication. Second,
the breath test which is commonly used in intoxication investigation cannot be given
to a driver suspected to be under the influence of illegal drugs. Instead, a blood
test is administered. Also, there are rare instances wherein a urine test is conducted.
In addition to these differences, when a suspect is charged with driving under the
influence of alcohol, there is the so-called per se offense (having a blood-alcohol
concentration, or BAC, at or above .08%; Vehicle Code section 23152b). When charged
with driving under the influence of illegal drugs though, there is no blood-alcohol
level (or if it is under .08%) and therefore no per se offense to charge the suspect
with. Because of this, the DMV cannot administratively suspend the suspect's license
for driving under the influence of illegal drugs. This suspension is only administered
when the suspect refused chemical testing or there is a BAC above .08%. As part
of a criminal conviction, however, the license can still be suspended.
Moreover a Drug Recognition Expert (DRE), who is an officer trained specifically
to identify the symptoms of numerous drugs, is often brought to observe and testify
in court regarding the physical appearace, performance with field sobriety tests,
erratic driving, incriminating statements and conduct.
It is worthy to note that however that what is being punished here is the driving
under the influence of illegal drugs and not for its use. The tests administered
may be inaccurate; therefore a person suspected of DUID can refute such allegations
with the help of a skilled Orange County DUID attorney.
At Coffey & Coffey, our attorneys defend DUI, DUID, BUI (boating under the influence)
and other criminal charges exclusively in Orange County. We know that there are
certain judges and D.A.s who look more favorable on your type of case. We also know
there are certain judges that we defiantly want to avoid. Call us for a free in-person
consultation at (800) 706-7888.