Free Consultations & We're Available 24/7
WE'RE A BOUTIQUE LAW FIRM. YOU WORK WITH ONE OF OUR SENIOR ATTORNEYS PERSONALLY.
WE'RE ONE OF NEW YORK'S OLDEST CRIMINAL DEFENSE LAW FIRMS. TRUST 50 YEARS OF EXPERIENCE.
WE SERVICE CLIENTS NATIONWIDE, WITH OFFICES IN LOS ANGELES AND NYC.
The Consequences of Driving Under the Influence of Drugs: Understanding California Laws
Driving while under the influence of drugs (DUID) is a severe offense in California. Being charged with this offense means you are up against several laws that deal with it, and having knowledge of these laws is vital in helping you make the choices that will safeguard your rights and finances.
What Constitutes DUID?
You risk being charged with DUID if you consume anything that impairs your ability to safely operate a vehicle. For instance, if you have taken multiple doses of Aspirin™, and law enforcement pulls you over, you can be arrested for DUID. The consequences of DUID are similar to those of driving under the influence (DUI) of alcohol. Typically, if you are pulled over for suspected DUID, the officer will arrest you and request a blood test to confirm this suspicion.
What to Do If Charged With DUID
If you’re arrested for DUID, staying silent is key. Don’t reveal any information to the officer, such as having taken a few pills, that you were smoking marijuana as you thought it was legal, or that you have had relevant offenses before. Don’t give in to anger, persistence, or try to leave the crime scene. Bear in mind that anything you say can be used against you in court. It is critical that you be silent and await the arrival of an attorney.
Defenses Against DUID
There are very few defenses against DUID. Even if you have a lawful prescription for a drug, you can be charged and convicted if that drug impairs your ability to drive safely. However, there are certain medical conditions that mimic drug intoxication, and if this is the case, your lawyer can argue on your behalf that erratic driving was due to a medical condition instead of substance abuse. This can be difficult to prove, which means your attorney must gather all relevant facts to support the assertion.
Penalties for DUID
If this is your first offense, you could face up to six months in jail and fines up to $2,000. The court may also suspend your driver’s license. Other penalties can include substance abuse treatment, an ignition interlock device installation, or community service. In some cases, you may have to sit in on an impact panel for victims. In specific circumstances, case “enhancements” may apply. If, for example, you were speeding by over 20 mph, had a child in the car, or had a prior DUI/DUID conviction, you could face longer jail terms and higher fines. Your driver’s license could be suspended for an extended period.
Fighting Your DUID Charge
You mustn’t underestimate the gravity of a DUID charge. You could lose your driver’s license, which would curtail your freedom and earning capacity. You could also go to jail and have a criminal record. Having a DUI/DUID in your record could disqualify you from getting certain licenses and jobs.
Therefore, it’s crucial that you hire an experienced attorney to mount a sound defense for your case. Your attorney should know the law and challenge the charges against you. If you’re facing DUID allegations, don’t wait to call your attorney.
If you live in California, you will be subject to the state’s drug driving laws that prohibit you from operating an automobile while under the influence of drugs. Being charged with a DUID offense can lead to severe penalties, including the suspension of your driver’s license, time in jail, stiff monetary fines, and other court-mandated penalties.
It is illegal in California to drive under the influence of any drug, regardless of whether it’s legal or illegal. According to California law, you are driving under the influence if:
You don’t have to be physically impaired to be charged with a DUID. The prosecution only has to demonstrate that your ability to drive safely was hampered as a result of the drugs you consumed.
California law prohibits you from driving while impaired by a host of drugs ranging from legal drugs to illegal substances to over-the-counter products. Some examples of drugs that could get you a DUID charge include:
| Drugs | Effects |
|---|---|
| Prescription medications | Drowsiness, Slowed reflexes, Impaired reasoning & judgement |
| Illicit drugs | Delusions, Paranoia, Agitation, Impaired perception, Delirium |
| Sleeping pills and tranquillizers | Slowed reflexes, Dizziness, Loss of consciousness, Impaired balance |
| Over-the-counter medications | Sleepiness, Dizziness, Alertness, Cognition |
Being convicted of a DUID offense is a significant legal issue in California, and the consequences of the conviction can be severe. An offender can face both direct and indirect penalties, such as the following:
The actual penalty will depend on the aggravating or mitigating factors of the case, such as whether or not there was another person in the vehicle during the arrest, prior criminal or DUID conviction, or physical injuries that occurred from a DUID-related accident.
If you’re facing a DUID charge in California, mounting a powerful defense could be your chance of getting your charges dropped or reduced. Some strategies that your attorney could use as defense include:
If you’re facing a DUID charge in California, it’s advisable to get legal help from an experienced DUID attorney to protect your rights and fight the charges. A skilled attorney can assess the accuracy of the drug test, inform you of the possible defenses, in addition to guiding you through the court proceedings. Contact a defense attorney today.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS