Driving under the influence of drugs (DUID) is a serious offense in California, governed by strict laws and severe penalties under California Vehicle Code 23152(f) and (g). If you’re caught driving under the influence of drugs, it’s crucial to understand the legal implications, your rights, and the best defense strategies available. This comprehensive guide will walk you through everything you need to know, from the arrest process to mounting a strong defense.
Understanding DUID in California
California Vehicle Code 23152(f) specifically addresses the issue of driving under the influence of drugs. The law states that it is illegal for any person to drive a vehicle while under the influence of any drug. Additionally, Vehicle Code 23152(g) prohibits driving under the combined influence of alcohol and drugs. The penalties for DUID can be severe and may include fines, license suspension, and even jail time, depending on the circumstances and whether it is a repeat offense.
Common Drugs Leading to DUID Charges
Several drugs commonly result in DUI charges (Driving Under the Influence of Drugs) in California. These include:
Marijuana: Despite its legalization, driving under the influence of marijuana remains illegal.
Prescription Medications: Drugs like opioids, benzodiazepines, and certain stimulants can impair driving.
Illicit Drugs: Cocaine, methamphetamine, and heroin are some examples.
Each of these substances can significantly impair your ability to operate a vehicle safely, leading to severe legal consequences.
The Arrest Process
When a law enforcement officer suspects that you are driving under the influence of drugs, they will typically conduct a traffic stop. The officer will look for signs of impairment, such as erratic driving, slurred speech, or unusual behavior. If the officer believes you are under the influence, they may administer field sobriety tests. These tests assess your physical and cognitive abilities to determine if you are impaired.
In addition to field sobriety tests, the officer may use a preliminary alcohol screening (PAS) device to check for alcohol consumption. If drugs are suspected, a Drug Recognition Expert (DRE) may be called to conduct a more thorough evaluation. This evaluation involves a series of tests and observations to determine if drugs are impairing your ability to drive safely.
Drug Impairment Evaluation Steps
A Drug Recognition Expert (DRE) conducts a 12-step evaluation process to determine if a driver is under the influence of drugs. These steps include:
Breath Alcohol Test: To rule out alcohol impairment.
Interview with the Arresting Officer: To gather observations and evidence.
Preliminary Examination: To check for signs of medical conditions.
Eye Examination: To detect signs of impairment.
Divided Attention Tests: To assess coordination and attention.
Vital Signs Examination: To check pulse, blood pressure, and temperature.
Dark Room Examinations: To assess pupil size and reaction to light.
Muscle Tone Examination: To check for muscle rigidity or flaccidity.
Injection Sites Examination: To look for signs of drug use.
Suspect’s Statements and Other Observations: To gather additional evidence.
Opinion of the Evaluator: Based on the evaluation.
Toxicological Examination: To confirm the presence of drugs.
Driver’s Rights During the DRE Investigation
During a DRE investigation, drivers have specific rights, including:
Right to Remain Silent: You are not obligated to answer questions that may incriminate you.
Right to Refuse Field Sobriety Tests: However, refusal may result in license suspension.
Right to Legal Representation: You can request to speak with an attorney.
Right to Medical Examination: You can request a medical examination to challenge the DRE’s findings.
Understanding and exercising these rights can significantly impact the outcome of your case.
Chemical Testing and Evidence Collection
If the officer has probable cause to believe you are under the influence of drugs, they will arrest you and request a chemical test. This test typically involves a blood or urine sample to detect the presence of drugs in your system. Refusing to take the chemical test can result in additional penalties, including an automatic license suspension.
The results of the chemical test, along with other evidence collected during the arrest, will be used to build the case against you. It is essential to understand that the presence of drugs in your system does not automatically mean you were impaired at the time of driving. Various factors, such as the type and amount of drug consumed, can affect the level of impairment.
Can a Breath Test Be Used Against Me in a DUID Case?
While breath tests are commonly used in DUI (Driving Under the Influence of Alcohol) cases, they are not effective for detecting drug impairment. Drugs do not leave detectable traces in breath like alcohol does. Therefore, blood or urine tests are typically used in DUID cases (Driving Under the Influence of Drugs) to provide more accurate results.
Legal Consequences of DUID
The penalties for a DUID conviction (Driving Under the Influence of Drugs) can be severe and may include:
Fines: These can range from a few hundred to several thousand dollars, depending on the specifics of the case and whether it is a repeat offense.
License Suspension: Your driver’s license may be suspended for a specified period, affecting your ability to work and carry out daily activities.
Probation: You may be placed on probation, requiring regular check-ins with a probation officer and compliance with specific conditions.
Jail Time: In some cases, especially for repeat offenders, jail time may be imposed.
Drug Education Programs: You may be required to attend drug education or treatment programs as part of your sentence.
Defense Strategies for DUID Charges
Mounting a strong defense against DUID charges (Driving Under the Influence of Drugs) is crucial to achieving a favorable outcome. Here are some common defense strategies:
Challenging the Arrest: If the traffic stop or arrest was conducted improperly, your attorney may argue that your rights were violated, leading to the dismissal of evidence or the entire case.
Questioning the Reliability of Chemical Tests: The accuracy of chemical tests can be challenged based on factors such as improper administration, contamination, or faulty equipment.
Medical Conditions: Certain medical conditions can mimic the signs of drug impairment, leading to a false arrest. Providing medical evidence can be a valid defense.
Lack of Evidence: If the prosecution cannot provide sufficient evidence to prove beyond a reasonable doubt that you were impaired, your attorney can argue for a dismissal of charges.
Importance of Legal Representation
Navigating the legal complexities of a DUID charge (Driving Under the Influence of Drugs) requires the expertise of a skilled attorney. An experienced DUI attorney can:
Evaluate Your Case: Assess the evidence against you and identify weaknesses in the prosecution’s case.
Develop a Defense Strategy: Tailor a defense strategy based on the specifics of your case and the circumstances of your arrest.
Represent You in Court: Advocate on your behalf during court proceedings, negotiations, and any plea bargain discussions.
Protect Your Rights: Ensure that your rights are protected throughout the legal process and that you receive fair treatment.
Being charged with driving under the influence of drugs is a serious matter that requires immediate attention and a strong legal defense. Understanding the arrest process, the legal consequences, and the available defense strategies can significantly impact the outcome of your case. By securing the expertise of a skilled DUI attorney, you can navigate the complexities of the legal system and work towards achieving a favorable resolution.
Don’t face these charges alone! Contact Southwest Legal for a free consultation. Our experienced attorneys are ready to fight for your rights and provide the best defense strategy for your case. Call us today and let us help you secure a favorable outcome.
