According to the California Vehicle Code § 23152, it is illegal for any person to operate a motor vehicle while under the influence of any drug or under the combined influence of drugs and alcohol. Being charged with a DUI for drugs, sometimes referred to as a DUID, can lead to stiff penalties and life altering consequences. In some cases, the possession of an illegal drug or controlled substance can also lead to additional criminal possession or under the influence charges. If you or a loved one has been arrested for driving under the influence of drugs, you need the aggressive and highly experienced legal representation the Law Office of James Dunn can provide.
Any drug or controlled substance that impairs your ability to drive can subject you to a DUI & Drugs charge. This can include:
- ANY ILLEGAL CONTROLLED SUBSTANCE OR NARCOTIC
- PRESCRIPTION MEDICATIONS
- OVER THE COUNTER DRUGS
If a law enforcement officer has reason to believe that you are under the influence of a controlled substance or impaired in any way, they can request a chemical test rather than the typical breathalyzer test. This most often results in a blood test, and in some cases a urine test, which will detect any level of drugs in your system. If you refuse a chemical test, you can still be penalized. The penalties for drugged driving will depend on the circumstances involved in your case, including whether or not a DUI accident was involved, any prior criminal convictions and other factors.
As DUI & Drug charges fall under the same Vehicle Code law, the DUI penalties for drugged driving are typically the same as standard DUI charges. Penalties can become increasingly harsh if this is a multiple offense or if other aggravating circumstances are involved. For a drugged driving charge, you can expect three to five years of court supervised probation, costly fines, participation in a mandatory DUI class, license suspensions and jail sentences, depending on the situation.
Unlike standard DUI charges for alcohol, there is no legal limit or amount of drugs that will automatically subject you to prosecution and penalties. In addition, the fact that you had drugs in your system at the time of a chemical test does not necessarily mean that you were under the influence while operating the vehicle. This creates ample opportunity for the firm to challenge DUI evidence and create a strong defense in your favor. Attorney James Dunn has defended numerous clients against DUID allegations in both criminal and DMV proceedings and can competently assess your case for any evidence or technicalities that can lead to dropped or reduced charges. If you need strong legal representation for your DUI and Drugs charge, you need the Law Office of James Dunn on your side.