Driving Under The Influence of Drugs (DUID) Defense in Vista

Understanding DUI With Drugs Charges Under California Vehicle Code 23152(f) (VC)

California law handles driving under the influence of drugs essentially the same as it does driving under the influence of alcohol, with some minor distinctions. Under Vehicle Code 23152(f) (VC)¹, it is illegal to drive under the influence of any drug that affects your ability to drive.

These charges can be filed whether the substance is an illegal street drug, a prescription medication, or even an over-the-counter medication. “Unlike drunk driving cases, there is no legal limit for drug use while driving, so if an officer believes the substance has negatively affected your ability to drive, you can be charged with a DUI,” explains attorney Liss.

Drug DUI penalties are mostly the same as those involving alcohol, although those convicted of DUI without alcohol in their system will not be required to install an IID device.

What Substances Can Lead to a Drug DUI?

Any illegal drug or medication can result in a DUID charge. Some of the most common substances that result in charges under 23152(f) (VC) include:

• Marijuana, even when obtained legally or used by someone with a medical marijuana card
• Stimulants, including methamphetamine, PCP, or Cocaine
• Opiates, such as heroin or fentanyl
• Psychedelics, including LSD or mushrooms
• Legal prescription medications, particularly controlled substances such as stimulants and opioids
• Over-the-counter medicines, including cold medications, allergy pills, and Dramamine

How Police Identify Evidence Against Drug-Impaired Drivers

Police must have reasonable suspicion that a driver violated the law before making a traffic stop, and they must have probable cause to detain someone for longer than it takes to issue a traffic ticket or make an arrest. Officers may take some or all of the following steps during a drugged driving arrest:

• Observe signs of intoxication, such as erratic driving, slurred or accelerated speech, shaking hands, and abnormal pupils
• Search the vehicle for drugs or drug paraphernalia located in plain sight
• Perform a deeper search of the car if there is sufficient probable cause
• Request a drug-sniffing dog to identify controlled substances
• Call in a Drug Recognition Expert (DRE) to perform an evaluation
• Ask the driver to take a field sobriety test or a marijuana cheek swab (suspects may refuse)
• Place the suspect under arrest or issue a DUI citation
• Instruct the driver to submit to DUI drug testing —usually a blood test, though urine tests may be administered in rare cases

Evidence uncovered throughout this process will be documented and used against the suspect later on.

Drug DUI Conviction Penalties in California

Penalties for DUID vary based on the specific circumstances of the incident and whether any sentencing enhancements apply. For most first-time drug DUI offenders, sentences will include:

• Up to six months in jail, though most people can avoid jail time
• DUI classes lasting up to 3 months
• Fines of up to $1,000, plus a 180% penalty assessment
• A 6-month license suspension

Whereas drivers convicted of alcohol-related DUIs may need to install an ignition interlock device (IID), this requirement is not applied to drivers convicted of driving under the influence of drugs.

Find more in-depth information on DUI penalties here.

When Drug DUI Becomes a Felony

“There are some cases where driving under the influence can be charged as a felony,” says Liss, “whether the individual was using drugs or alcohol.” When someone is injured or killed in a DUI accident or if a driver has three or more prior DUI convictions from the past ten years, the charges can be felonies. These cases can result in drivers facing years behind bars.

Learn more about felony DUI charges here.

What Happens to My License After a Drug DUI Arrest?

While those convicted of driving under the influence of drugs are still subject to license suspensions, they are not automatically implemented by the DMV unless the driver refused to take a chemical test. That’s because DMV license suspension hearings involve the implied consent law requiring drivers to submit to chemical testing and administrative per se laws, which focus on BAC rather than whether the officer observed signs of impairment.

Since the DMV only implements DUID license suspensions after a criminal conviction, you cannot challenge the suspension at a DMV hearing. Those who refused to take a blood or breath test may still fight their DMV suspension.

The length of your license suspension will be determined by your specific charges and the circumstances of your case.

Additional Charges Related to Driving Under the Influence of Drugs

If you drove under the influence of an illegal substance, you may also be charged under Health and Safety Code 11550. Even if you were not currently high, you can be charged with driving while addicted to drugs. For this reason, always avoid telling police about an opioid prescription, which could suggest addiction.

Defenses Against Drug DUI Charges

There are many strategies your Vista drug DUI lawyer may use while fighting DUID charges. Top defenses against driving under the influence of drugs in California include:

• Arguing there is no proof of impairment: Even if you used a controlled substance, you can only be convicted of DUI if it impaired your driving in some manner.
• Challenging the test results: Your attorney may be able to retest a blood test or question the validity of a field sobriety or cheek swab.
• Claiming your rights were violated: If you were subject to an illegal traffic stop, search, or arrest, the resulting evidence could be inadmissible, which may be enough to have the charges dropped.
• Saying you were involuntarily intoxicated: While rare, victims of spiked drinks may be able to avoid DUI charges.
• Agreeing to a strong plea bargain: A good plea deal can minimize the charges you face or the sentence you receive.

“Attempting to defend yourself from a drug DUI without a lawyer is a risky proposition,” warns Liss. “It’s easy to accidentally say something that may harm your case and serve as evidence against you.” Always work with a skilled defense attorney when you have been accused of criminal charges.

For more detailed information on how Peter Liss may fight your DUI charges, click here.

DUI Drugs vs. Alcohol DUIs – What’s the Difference?

While these charges are similar to those involving alcohol, there are some critical differences between DUID and alcohol DUI charges in California. Key distinctions include:

• There is no legal limit for drugs —you can get a DUID for any substance that may affect your driving.
• Drivers charged with DUID are not subject to an automatic license suspension through the DMV.
• Without objective testing, the evidence is more subjective in cases involving drugs.
• Prosecutors may have more difficulty proving the driver was impaired in drug cases.
• Those convicted of a drug-related DUI are not subject to mandatory ignition interlock device installation requirements.
• Drivers convicted of driving under the influence of drugs must wait six months to obtain a restricted license.

How a Vista DUI Drugs Defense Lawyer Can Help

The sooner you call a defense attorney, the more time they will have to build a defense tailored to your unique situation. A lawyer will work quickly to protect you from making statements that could be used against you, file motions to suppress evidence, and reduce the charges or penalties you face.

Peter Liss has been representing criminal defense clients for over 40 years. His office is located across the street from the Vista courthouse and jail facility. He has the experience and personal connections with local prosecutors, police, and judges in San Diego County to ensure you get the best possible results for your DUID case.

If you’ve been arrested for driving under the influence of drugs, call (760) 643-4050 to speak with Vista DUI defense attorney Peter Liss.