Driving under the influence of drugs (DUID) is a serious legal issue in California, with potentially severe consequences for those facing charges. If the police suspect you have taken drugs and then driven a vehicle, it is treated similarly to drunk driving under the DUID law. This is not taken lightly because it endangers others on the road.
You could face jail time, a suspended driver's license, hefty fines, and mandatory DUID education if convicted. If you face such charges, act swiftly and seek legal assistance to protect your rights and innocence.
At California Criminal Lawyer Group, we understand the significance of safeguarding your license, freedom, and reputation. We are dedicated to promptly building a robust defense strategy to secure the best possible outcome for your case in San Jose.
Legal Definition of driving under the influence of drugs (“DUID”) in California
Understanding the laws that punish driving under the influence of drugs, commonly called DUID, goes a long way if you are navigating the California justice system. DUID pertains to operating a motor vehicle under the influence of drugs, whether prescription medications or illicit substances. DUID is taken very seriously in California, and the consequences can be severe.
Vehicle Code 23152(f) violations encompass a broad spectrum of substances. It is not limited to just illegal narcotics; it includes any drug or medication that can impair your ability to operate a vehicle safely. This means that even if you have a valid prescription for a medication, you can still be charged with DUID if it impairs your driving ability.
The critical factor in a DUID case is impairment. Law enforcement officers and the legal system are primarily concerned with whether your ability to drive safely was compromised due to the influence of drugs.
This differs from alcohol-related DUI cases, where there are established blood alcohol concentration (BAC) limits. DUID cases can be complex, as they require a thorough examination of the circumstances, including the type of drug, the level of impairment, and the legal implications.
Definition Of A “Drug” Under California Law
Per California DUID laws, a drug is a substance or combination of substances, apart from alcohol, that affects the user’s brain, muscles, or nervous system by impairing their ability to drive a vehicle, as an ordinarily cautious motorist would do.
Examples of drugs that could result in DUID charges are:
- Prescription Medications. If you take medication prescribed by a licensed medical professional, you can still be charged with DUID if it impairs your ability to drive safely. You are responsible for safely operating a vehicle while taking prescribed drugs.
- Illicit Substances. Illegal drugs like marijuana, cocaine, methamphetamine, and others fall under the definition of drugs. Being under the influence of these substances while driving can lead to DUID charges.
- Over-the-counter (OTC) Medications. Common OTC medications like certain cough syrups or antihistamines can cause drowsiness and affect your driving capabilities.
- Inhalants and Solvents. Substances such as inhalants and solvents, not traditional drugs in the sense of pills or powders, are also included in the definition.
- Combination of Substances. DUID charges can apply when multiple substances are involved. For example, if you have consumed alcohol in combination with other drugs, such as prescription medications or illegal substances, and your driving is impaired.
- Medical Marijuana: While California has legalized medical marijuana, driving under the influence of it can still result in DUID charges. Even if you have a valid medical marijuana recommendation, if your ability to drive safely is compromised, you may face legal consequences.
“Legal Limit” For Drugs And Driving In California
When it comes to alcohol, most people are familiar with the concept of a "legal limit" concerning blood alcohol concentration (BAC). However, the situation is more complex regarding drugs and driving in California.
Unlike alcohol, where there is a specific BAC limit, for example, 0.08% for adults, California does not have a universally established "legal limit" for drugs in your system when you are driving. This is because of the diverse nature of drugs and their effects on individuals.
Unlike alcohol, which has a standard measurement in BAC, there is no universally accepted measurement for drugs that can be used to determine impairment. The National Highway Traffic Safety Administration asserts that each drug affects individuals differently, and the way a drug affects someone can depend on factors like tolerance, dosage, and frequency of use.
Law enforcement officers often rely on Drug Recognition Experts (DREs) to assess whether you are under the influence of drugs. DREs are specially trained officers who can conduct tests to determine impairment. They look for signs such as dilated pupils, muscle rigidity, or impaired coordination.
While there is no specific legal limit for certain drugs, such as marijuana, California has a "zero tolerance" policy for drivers under 21. This means any detectable amount of the drug in their system can lead to DUID charges.
Even if you are taking prescription medications as directed by a healthcare professional, you can still be charged with DUID if the medication impairs your ability to drive safely. The responsibility falls on you to know how a medication affects you.
In cases involving multiple substances, the interaction between drugs can make the impairment more severe. The absence of a specific "legal limit" for drugs in California makes it vital for drivers to exercise caution and responsibility regarding any substance that could impair their driving abilities. The focus is on impairment rather than a specific numerical threshold, emphasizing the importance of safe and sober driving at all times.
How DUI Arrests Typically Happen in California
Typically, DUID investigations start at the traffic stop. If the traffic officers see you are impaired, they will start a DUI investigation. This could be for erratic driving, speeding, running red lights, or other traffic violations. The officer could observe your behavior at the stop, looking for signs of impairment, such as slurred speech, bloodshot eyes, or the smell of alcohol or drugs.
They may ask you to perform field sobriety tests to assess your coordination, balance, and cognitive abilities. Common tests include walking straight, standing on one leg, having a Horizontal Gaze Nystagmus, or following an object with your eyes. Sometimes, you may be asked to take a Preliminary Alcohol Screening test, often called a breathalyzer. This portable device measures your alcohol concentration. Refusing this test can lead to additional penalties.
The officer may call in a DRE to identify it. The DRE will conduct a series of tests to assess your condition. If the officer has sufficient evidence to believe you are driving under the influence, you will be placed under arrest. You will be informed of your Miranda rights, including the right to remain silent and the right to have an attorney present during questioning.
After the arrest, the officer may search your vehicle for drugs or related evidence. Any evidence collected during this search may be used in your case. You will be taken to the police station for booking. This involves recording your personal information, taking fingerprints, conducting a more accurate chemical test to determine the presence of drugs in your system, and detaining you until you can be released on bail or your own recognizance (OR).
You will be charged with DUID, and your case will be forwarded to the appropriate authorities for prosecution. The charges can vary depending on the circumstances, including whether it is a first-time or repeat offense.
The Work of a Drug Recognition Expert
Drug Recognition Experts (DREs) are law enforcement officers who have undergone specialized training in assessing and identifying drivers under the influence of drugs. When a DRE encounters a driver suspected of drug impairment, they conduct a comprehensive evaluation. This process typically involves a series of tests and observations designed to identify the type of drug causing impairment.
DREs follow a standardized protocol developed by the National Highway Traffic Safety Administration (NHTSA). This protocol includes a 12-step process, including assessing vital signs, conducting psychophysical tests, and examining the driver's pupils, among other assessments.
DREs are trained to categorize drug impairment into specific categories, such as central nervous system depressants, stimulants, hallucinogens, and more. They use their findings to determine the likely class of drugs causing impairment.
Another role of a DRE is to provide expert testimony in DUI cases. They can testify to their observations, evaluations, and conclusions regarding the driver's impairment. This testimony can be instrumental in court proceedings.
This information can guide the decision to make an arrest and be used as evidence in court. The presence of a Drug Recognition Expert enhances the accuracy of identifying drug impairment compared to a standard field sobriety test. Their specialized training and evaluation process aims to reduce false positives and ensure a more precise assessment.
How Blood Tests are Used In A DUID Case
In DUID cases, the primary objective of a blood test is to determine the presence and concentration of drugs in your bloodstream. This test provides concrete scientific evidence of drug impairment, vital for the prosecution's case.
The process typically begins with a law enforcement officer requesting your blood sample. This request may occur during the initial traffic stop if the officer has probable cause to believe drugs impair you.
Blood tests can be either voluntary or mandatory in California. If you refuse a voluntary blood test, you may face penalties such as a driver's license suspension. However, a mandatory blood test can be administered without your consent under certain circumstances.
Once the blood sample is obtained, it is sent to a certified forensic laboratory for analysis. These laboratories employ highly specialized techniques to identify and quantify the presence of drugs in the blood. Blood tests can detect a wide range of substances, including illegal drugs like cocaine and marijuana, prescription medications, and over-the-counter drugs that may impair driving.
California law establishes specific threshold levels for certain drugs, such as THC (the psychoactive component of marijuana). If a driver's blood test reveals drug concentrations above these legal limits, it can be strong evidence of impairment. In DUID cases, expert witnesses often play a critical role.
Forensic toxicologists and pharmacologists may testify in court to explain the blood test results, including how the drug levels found could have affected your ability to operate a vehicle safely.
Legal Defenses Against California DUID
Being arrested for DUID does not necessarily mean you are guilty. You have the right to defend yourself in court, and various legal defenses are available, as outlined by California law. These include
- Lack of Probable Cause. If law enforcement lacked probable cause to stop you, any evidence obtained after that may be deemed inadmissible.
- Improper Field Sobriety Tests. Field sobriety tests are not foolproof. Their reliability can be questioned, as factors like nerves, medical conditions, or environmental conditions can affect performance.
- Inaccurate Breath or Blood Tests. Breathalyzers and blood tests must be administered correctly and calibrated regularly. Errors in these procedures can lead to inaccurate results.
- Rising Blood Alcohol Content (BAC). It takes time for alcohol to be fully absorbed into the bloodstream. If your BAC rose during the arrest, it could be below the legal limit when driving.
Defenses that are Specific to DUID
Prescription Medication
It can be a valid defense if you use prescription drugs as directed by a healthcare provider. California law allows the use of prescribed medications, provided they do not impair your ability to drive safely. Documentation from your doctor can support this defense.
Lack of Objective Symptoms
Unlike alcohol, where there is a clear legal limit, DUID cases often rely on an officer's observation of your behavior and appearance. If you do not display objective symptoms of impairment, such as erratic driving or slurred speech, it can challenge the officer's judgment.
Blood Test Timing
The timing of a blood test is crucial. Drugs can metabolize rapidly, and their effects may dissipate between the time of driving and testing. If the test was conducted significantly after your arrest, it may not accurately reflect your impairment while driving.
False Positives
Drug tests can produce false positives, especially for substances that have legal uses. Contaminated samples, lab errors, or cross-reactions with other substances can lead to inaccurate results that can be contested.
Chain of Custody
Maintaining the integrity of the blood sample is essential. Any break in the chain of custody, from collection to analysis, can raise doubts about the sample's reliability. A meticulous review of the sample's handling can be a potent defense.
Expert Witnesses
Engaging a qualified expert witness, such as a toxicologist, can be pivotal in explaining the pharmacological effects of the drugs in your system. They can provide scientific insights that challenge the prosecution's case.
The Importance Of A “Blood Split”
In DUID cases, a blood split involves dividing a blood sample into two separate vials or containers. One portion of the sample is retained as evidence by law enforcement, while the other portion is made available to you or your legal counsel for independent testing.
Having access to a portion of the blood sample allows the defense to conduct its independent analysis. A trusted laboratory can perform this analysis to verify the accuracy of the prosecution's test results. Discrepancies between the two sets of results can significantly impact the case.
Blood samples are sensitive and can be prone to contamination. The division of the sample allows for an examination of whether contamination occurred during collection, storage, or transportation. Contaminated samples can yield inaccurate results.
Sentencing, Penalties, and Punishment for DUID
Consequences of a First DUID Conviction
- Your driver's license can be suspended for six months. However, you may be eligible for a restricted license to drive to work or a DUI program.
- You may be placed on probation for three to five years, during which you must comply with specific terms and conditions.
- A fine of at least $390. The figure could reach around $1800 if you add penalties and assessment fees.
- The completion of a 3-month DUI education program is mandatory.
Punishment for a Subsequent DUI Drug Conviction
- A second DUID conviction can lead to a two-year license suspension with limited eligibility for a restricted license.
- Probation periods increase for subsequent convictions, lasting up to five years.
- Mandatory incarceration, ranging from 96 hours to one year in county jail.
Felony DUI Punishment
- You can face a prison sentence ranging from 16 months to 4 years.
- Substantial fines, between $1000 and $5000.
- Your driver's license will be suspended for a minimum of one year.
Penalties for Chemical Test Refusals
If you refuse to take a chemical test after a DUID arrest, you need to be aware of the potential consequences:
- Your driver's license will be suspended immediately upon refusal. This suspension can last one to three years, depending on your prior DUI or DUID history.
- A mandatory county jail sentence of at least 48 hours if you are convicted of DUI or DUI with drugs.
Find a Criminal Lawyer Near Me
In cases involving drug use or possession in DUID matters in San Jose, the importance of legal representation cannot be overstated. An experienced attorney can help you navigate the complexities of both its ownDUID and drug-related charges, working to minimize the consequences and protect your rights.
At California Criminal Lawyer Group, we have a team of seasoned DUID defense attorneys ready to battle those accusations head-on. We are armed with an in-depth understanding of California's DUID laws and the intricate workings of the justice system, all aimed at securing the best possible result for you. Contact us today at 408-622-0204, and let us schedule a no-cost consultation to discuss your situation.
