In California, you will be deemed to be driving under the influence of drugs if you consume a drug (legal or illegal) and you do not drive as a sober driver would under the same conditions. Driving under the influence of drugs could lead to hefty fines, a jail term, or imprisonment in a California state prison. If the police arrest and charge you with driving under the influence of drugs, you need to contact a reliable criminal attorney immediately. A Santa Ana attorney will enlighten you on what to anticipate and how to put up a defense against your charges. At California Criminal Lawyer Group, we can help you fight your charges to avoid the severe penalties that could arise from a DUID conviction.

Driving Under The Influence Of Drugs (DUID) California Law

Under California law, drugs are substances apart from alcohol that can affect your brain, muscles, or nervous system. They can comprise the drugs you purchase over the counter, illicit drugs like cocaine, or prescription drugs. In California, two statutes make it an offense for any motorist to drive under the influence of drugs. The two statutes are:

  • Driving under the influence of drugs — VC 23152(f)
  • Driving under the combined influence of drugs and alcohol — VC 23152(g)

It is a violation of VC 23152(f) for any motorist under the influence of any drug to drive a vehicle. It is also a violation of VC 23152(g) for any motorist under the combined influence of any alcoholic beverage and drug to drive a car.

Several drugs in California commonly lead to DUID charges. DUID charges are often based on the driver being under the influence of meth, marijuana, Ambien, and prescription opiates, like Oxycontin or Vicodin. In addition, any medication that can affect a motorist's muscles, nervous system, or brain could lead to DUID charges even if the drug is vital to the motorist’s health.

The California law does not have a specific lawful limit for drugs that corresponds to the 0.08% BAC limit for alcohol. This is because experts have failed to agree on the concentration of drugs in a motorist's bloodstream that could make them too impaired to drive. The National Highway Traffic Safety Administration also admits that apparently, specific substance concentration levels are inequitable with the effects on a motorist's performance. Currently, the California law puts it simply that it is unlawful for a motorist to drive:

  • While addicted to any drug, unless he/she is receiving treatment for the addiction under an approved program
  • While under the influence of drugs
  • While under the combined influence of alcohol and drugs

How The Police Arrest Motorists Driving Under The Influence Of Drugs In California

Typically, the investigation of a DUID begins with a traffic stop. As a motorist, if you appear impaired while driving in California, then the traffic police will commence a DUI investigation. During the process of a DUI investigation, the police will do the following:

  • Question you about the drug use and consumption
  • Request you to take a preliminary alcohol screening (PAS) test on a handheld breathalyzer
  • Request you to perform several field sobriety tests (FSTs)
  • Examine you for physical symptoms like constricted or dilated pupils
  • Check if there are any drugs or drug paraphernalia present in your vehicle

If your BAC is within the lawful limit, but you still exhibit signs of intoxication, the police officers will suspect drug use. The traffic police could then request a drug recognition expert (DRE) to come to the scene and examine you. The traffic police could also order you to undergo a mouth swab test to ascertain if there are drugs in your system.

In California, a drug recognition expert (DRE) is a police officer who has undergone special training. The special training assists the police to single out a victim suspected to be under the influence of narcotics. The Los Angeles Police Department (LAPD) started the DRE program in California. Currently, the California Highway Patrol, abbreviated as CHP, runs the program, and the police agencies in the entire country use the DRE program. However, not all counties in California have DREs, and therefore a motorist suspected of DUI drugs could or could not be required to undergo a DRE examination.

If you are suspected of drug impairment in California, you will undergo a 12-step evaluation. The 12-step evaluation that the DRE will conduct includes:

  • The DRE will first have to confirm that your blood alcohol concentration (BAC) does not indicate that you are under the influence of alcohol.
  • The DRE will cross-check the police officer that arrested you
  • He/she will carry out an initial analysis that involves an inspection of your pulse rate
  • He/she will carry out an eye exam or a tracking exam to determine whether you have horizontal gaze nystagmus, which comprises an involuntary eye twitching that indicates alcohol or drug use.
  • He/she will conduct field sobriety tests (FSTs) that will include a one-leg stand test, walk and turn, finger to nose test, and Romberg balance.
  • Re-checking your pulse rate and taking your vital indicators
  • Conducting a dark room evaluation of the size of your pupil, examining your nose and mouth for hints of drug use
  • Checking your muscle tone because some drugs could make your muscles rigid and flaccid
  • Checking the parts that indicate injection and taking your pulse rate for the third time
  • Questioning you concerning your purported drug consumption and generally noting your behaviors
  • Giving an opinion on the kind of drug that is triggering your deficiency
  • Asking you to submit to a chemical DUI blood or urine test

The DRE's examination ideally occurs in a controlled and well-lit environment like at a police station. The police station enhances a better examination than on the roadside, where a typical DUI investigation occurs.

Your Rights During The DRE Investigation

You do not have to take any field sobriety tests or answer Dre's questions during the investigations. You can always exercise your Fifth Amendment right against self-incrimination. If the police do not put you under arrest, you will not face the consequences of a chemical test refusal.

Your Arrest

If the traffic police do not have a reasonable doubt that there is probable cause for a DUI arrest, he/she can take you to custody. Contrary to common perception, often, you do not need to read your Miranda rights immediately in a California DUI case. You will only be given a Miranda warning in a DUID case when:

  • You are arrested and not free to leave
  • The traffic police officers want to question you to elicit incriminating answers

The police questions that would elicit incriminating answers include:

  • Which drugs did you take?
  • How much drug did you do?
  • Were you stoned when you entered the vehicle?

However, the police do not require to read you the Miranda warning while asking similar questions during the DUI investigation phase.

Generally, when you are arrested for driving under the influence, you will be given the option of taking a DUI blood test or a DUI breath test. Under the law, if the police arrest you for suspicion of DUID, you are not supposed to refuse to take a chemical test. You must take an ''evidentiary'' chemical test even if you have already undergone a PAS test on a handheld Breathalyzer. There are consequences if you refuse to take a chemical test, including an automatic driver's license suspension.

Under certain circumstances, the police could require a DUI blood test even if you had already undergone a post-arrest breath test. You would be required to undergo a blood test if:

  • The police do not have any reasonable doubt that you are DUID or driving under the combined influence of alcohol and drugs
  • The police indicate that a blood test will prove that you are under the influence.

The traffic police will wait to see whether a breath test indicates BAC exceeding the legal limit. If your BAC exceeds the legal limit, the police could charge you with:

  • Driving under the influence — VC23152(a)
  • Driving with a BAC of 0.08% or more — VC 23152(b)
  • Driving a commercial vehicle with a BAC of 0.04% or more — VC 23152(d)
  • Taxi, Limo, or ridesharing driver with a BAC of 0.04% or more — VC 23152(e)
  • Underage DUI with a BAC of 0.05% or more —VC 23140

If the breath test results indicate that your BAC is within the legal limit, but you appear impaired, the police will order a blood test. However, your blood cannot be taken forcibly without your permission in California unless the police have a warrant.

Once the police arrest you on suspicion of DUID, they will take your blood sample for a DUI blood toxicology screen. The screen would show the drugs present in your body if any. The screen reveals whether you tested positive or negative for the drug. The screen does not show the concentration of the drug detected. If you test positive for several drugs, the lab can do a ‘’quantitative analysis’’. Quantitative analysis can reveal the quantity of one or more drugs in your body.

Contrary to California's ''per se'' DUI statutes for alcohol, California's DUID statute does not give a specific drug threshold. The deficiency of the DUID statute has been contributed to by the failure of experts to agree on the concentration of drugs in the bloodstream that could make a motorist too impaired to drive.

Often, the blood test outcomes are not conclusive for you to face driving under the influence of drugs charges. However, the prosecutor, with the assistance of an expert witness or the DRE, can still use the results to show the following:

  • That drugs were present in your body
  • The amount of drug present in your body
  • In some circumstances, the number of times you could have taken the drug

Because none of the above results is treated as conclusive concerning your impairment, the prosecutor will often rely heavily on the following:

  • The testimony of the expert witness
  • The findings of the arresting officer
  • The findings of the DRE, if any

A DUID Trial In California

A DUID trial in California occurs in the current sequence:

The Arresting Officer’s Testimony

In California, a DUID trial starts with the arresting police’s testimony. The police give testimony about why they believed you were impaired. The facts the prosecutor could draw from the officer include:

  • Your performance on a PAS breath test and field sobriety tests
  • Your unsafe driving behavior
  • Your physical symptoms of intoxication

Everything unlawful you did will be highlighted for the jury and the judge. Often, the police will testify that you did not drive in the manner a sober motorist would. Typically, the police will also say that you showed objective signs and symptoms of intoxication like flushed face, red and watery eyes, an unsteady gait, and slurred speech. If you underwent field sobriety tests, the police would usually allege that you failed to perform the FSTs as explained and demonstrated.

Contrary to a standard drunk driving case, a ‘’failed’’ breath test does not provide substantial evidence in a DUI of drugs case. If the police carry out the breathalyzer test on the roadside, it will show little or no blood alcohol. However, the officer will allege that since alcohol did not account for the impairment symptoms, he/she believes you used the drugs. If you assert the lack of probable cause in your defense, the police testimony will be useless to the prosecutor.

The Testimony Of The DRE

Under California VC 23152(f) or 23 152(g), the testimony of a DRE is usually the most potent proof in a DUID case. Often, the lessons on how to testify in court form part of the DRE's training. In addition, the DRE usually works with the local city or district attorneys to ensure he/she testifies persuasively. As a result, the DRE emerges polished and professional.

The DRE often starts by giving a lengthy testimony about their training and qualifications and then gives the testimony about their three major tasks:

  • Confirming that you were under the influence of drugs and not suffering from a medical condition
  • Confirming that your level of impairment was not caused by alcohol alone
  • Concluding that you were under the influence of specific classes of drugs

The DRE will give the details of the 12-step examination process carried out during the DUI investigation phase. Mainly, the DRE will dwell on the evidence supporting the conclusion about the class of drugs that impaired you. For example, the DRE could conclude that you were impaired by:

  • A hallucinogen like LSD, magic mushrooms, or ecstasy
  • PCP
  • Marijuana
  • GHB
  • Narcotic analgesics like heroin, Vicodin, or Codeine
  • A central nervous system stimulant like cocaine, meth, or amphetamines
  • A central nervous system depressant like valium or soma
  • Any other controlled substance not mentioned in one of the above categories

The VC 23152(f) case would become more complicated if the DRE were not involved. Fortunately, some police officers have undergone DRE training. However, if there was no DRE and the police did not train in DRE, a competent lawyer could successfully bring a motion to dismiss the police testimony about your drug impairment. Without that testimony, your case would be dismissed, and if not, it would be reduced through a DUI plea bargain.

The prosecution will also present your DUI blood test results to serve as a testimony in your DUI case. Typically, the results of a DUI blood test take two forms:

  • A toxicology screen that shows the presence of drugs
  • A quantitative analysis that shows the amount of any drug detected by the toxicology screen

An expert witness will prove that the quantity of drugs in your body is consistent with the studies, indicating impairment at that level.

Penalties For DUID Charges

Driving under the influence of drugs is usually a misdemeanor in California. However, it becomes an automatic felony if:

  • It is your fourth or subsequent DUI crime
  • You have a prior conviction for even a single felony DUI
  • A third party suffers severe injuries or dies as a result of your drugged driving, or it is your third or subsequent DUI causing injury

In most California counties, misdemeanor charges do not amount to a jail term for a first-time crime of driving under the influence. The typical penalties for a first-time conviction for DUID will include:

  • A minimum three-month drug education class called DUI school
  • Three to five years of informal DUI probation
  • A minimum fine of $390, which after penalties and assessment is usually around $1,800
  • A DMV driver’s license suspension for at least six months

Your sentence could include a jail term of up to six months in county jail in a serious case. However, this penalty is typically not given to a first DUID crime.

You will face penalties for felony driving under the influence of drugs depending on the specific charge and your criminal history. The felony penalties could include:

  • A fine of $1,000 to $5,000
  • Suspension or revocation of your driver’s license for at least one year
  • A jail term of 16 months to four years

You can face formal (felony) probation instead of part or the entire jail time.

Often, the punishments for a DUI or drug charge in California vary. The judge will consider the following factors during sentencing:

  • The circumstances of your crime
  • Whether you would benefit from drug treatment
  • Your criminal history, including prior DUIs or wet reckless convictions
  • Whether any third parties were injured

Defenses DUID Charges

There are specific legal defenses that you can employ to fight DUID charges in California. First, you can allege that having drugs in your body does not necessarily mean you were under their influence. There is no scientific relationship between one's impairment and the amount of a drug in the body. Some individuals could be more affected by drugs than others. Similarly, over time, an individual's body can develop a ''tolerance'' to drugs he/she uses daily. The tolerance will cause an odd outcome that individuals who do more drugs are less likely to be impaired by drugs in their bodies than those who use them casually.

Another defense is the ''detection window'' of the drugs in a person's body. The detection window is when a drug can be detected in a person's urine or blood after consumption. Generally, the detection window is often longer than the amount of time you will be high. Urine and blood detection windows for some drugs include:

  • PCP in urine and blood, the detection window is 1-3days
  • Heroin in urine, the detection window is 1-4days, while in the blood, it is 1-3days
  • For amphetamines in urine, the detection window is 1-3 days, while in the blood, it takes 24hours

The factors that can affect the precise drug detection window include:

  • Metabolism
  • Tolerance
  • Weight
  • Method of ingesting the drug
  • History of use of the drug
  • Height

Third, various physical and medical conditions can mimic the symptoms of drug impairment. The causes of similar signs include:

  • Sickness
  • Anxiety or nervousness
  • Allergies
  • Injury
  • Diabetic ketoacidosis
  • Lack of sleep

With the help of an experienced attorney, you can constantly challenge the prosecutor’s evidence against you, no matter how convincing the evidence. An attorney has probably handled thousands of cases similar to you. They understand the typical lapses in prosecutors' evidence and can quickly identify these lapses and use them to your advantage.

Find A Santa Ana Criminal Lawyer Near Me

The charges for driving under the influence of drugs are serious, often attracting detrimental penalties. If you face DUID charges, you need to contact an experienced Santa Ana attorney to walk with you and help you create a solid legal defense. At the California Criminal Lawyer Group, we have vast experience handling DUID cases. We have successfully defended many clients facing DUID charges. Our attorneys are ready to come to your aid with top-tier legal advice. Contact us at 714-844-4151 and talk to one of our attorneys.