Is a Los Angeles DUI With Drugs Harder to Fight?
It is a criminal offense to drive a car while under the intoxication of drugs or the influence of alcohol in the United States. Moreover, it is a serious offense to be found driving a car under the influence of drugs and alcohol in California. The laws and statutes of the state prohibit you from driving a car if you have any presence of alcohol or drug in your blood sample. Many people who are not aware of this restriction find themselves in problems. The state laws are apparent concerning drivers who violate these statutes and codes of conduct while driving.
Under the Vehicle Code Number 23152, any person or driver who is found to drive a car under the influence of alcohol or intoxicated with any drug will face criminal charges in a court of law. These people will also be found guilty of the DUI crimes according to the state laws. Intoxication emanates from the use of alcohol, drugs, or both drugs and alcohol. There are recent changes in the California penal codes that charge people driving under the influence of alcohol or drugs. This means that you can face prosecution or conviction if you are found with any slightest form of intoxication with drugs or alcohol in your body system. However, this penal code restriction does not include the prescription drugs by the doctor. If the person is impaired because of the drugs they used, they will also face charges. The sword cuts without fear or favor.
When the person is charged with a DUI offense because the police officer saw a conduct that suggested they were driving with the impairment of drugs or alcohol in their body systems, the prosecutor will use many types of evidence to present your case before the criminal judge. There is also a wide range of defenses available to the defendant in this case just like it is with the criminal cases in a court of law. The evidence that the prosecutor presents is the blood alcohol content that emanated from the blood test or the breathalyzer. They can come in the form of numerical quantities or numbers. The statute also states the amount that can make the person drive with impairment in the blood system when they are found to be intoxicated. The story is different when it comes to drug intoxication. Drug intoxication can make the case appear more demanding.
No specific clause determines the level of impairment experienced by the driver when they are impaired with the use of drugs. There are no clauses that determine how much drug impairs the person or the level of drug impairment that can cause the driver to suffer great losses. There are cases where a person smokes marijuana days before they get to the steering wheel or before they are arrested for the DUI case. If this is the case that led to their arrest, they are not impaired nor driving under the influence as much as they have the drug still in their blood system. Will they get charges for driving under the influence of alcohol? They are not a threat to the safety of other road users.
Let us take the example of Diana. Her doctor prescribed Ambien because she lacks sleep. Diana does not take medicine at night as prescribed by the doctor. She does not understand how her body reacted because it was her first time to take medicine. She woke up in the morning and went to work. She did not want to take alcohol but decided to take an ice-head tea. However, Diana is stopped for suspicion of driving under the influence of alcohol on her way home. The test reveals that she s under the influence of alcohol.
Diana could face a serious case in a court of law. However, her representation will determine the level of experience and knowledge of the DUI Los Angeles attorney to handle the case on her behalf. While Diana took all the necessary precautions to avoid drinking alcohol as she does not know how it will react with the drug, she might have been impaired to drive home. Diana will have the representation of an attorney who understands the ways of defending a client when they are under the influence of a drug. Diana will also take advantage of her rights in a court of law.