DUI Drugs (DUID) in San Diego
Under the California Vehicle Code 23152(a) it is a crime if the operator of a vehicle is driving while under the influence of either alcohol or drugs. The California law describes a “drug” and any substance except for alcohol that could affect a persons brain, nervous system or muscles. A person is considered to be driving under the influence of a drug when their ability to safety operate a motor vehicle is impaired to the point they can no longer drive similar to that of a sober person while under similar circumstances.
The Prosecutor may charge you with Driving Under the Influence of a Drug (DUID) regardless of whether the drugs are prescription drugs (Vicodin) or illicit drugs (cocaine, marijuana), or even over the counter drugs such as diphenhydramine which is commonly found in medications that have sleep aids. A common mistake people assume is that if a medication is prescribed that’s it ok to operate a vehicle, however, even lawfully prescribed drugs can lead to DUID charges.
If an officer detects that a person may be a DUID unlike an alcohol related stop the officer may perform a different type of an investigation. In most cases, the investigation will involve bringing in a Field Recognition Expert (DRE) who has been specially trained in identifying if someone is impaired to the slightest degree because of a drug.
Another important element to remember is that unlike an alcohol related DUI where there is a tolerance level and you cannot drive with a blood alcohol concentration over .08%, or .04% in Commercial Vehicles, there is no tolerance or threshold for DUID cases.
Ross Law Center Defense
There are a number of possible legal defenses that may be available to help fight your DUID charge. In this article we will touch on just a few, however, during your consultation at Ross Law Center they will explore all the possible defenses as they specifically apply to your specific case. Keep in mind that no two cases are exactly the same so its important to get the help from an experienced attorney who can make sure that all options and defenses to your case are explored in order to assure the best result.
* the argument of fact that because there may have been a drug in your system may not necessarily mean that you were impaired or under the influence of the drug,
* that certain physical conditions such as exhaustion or becoming very nervous and/or anxious are often times miss diagnosed by a Field Recognition Officer as being under the influence of drugs,
* That the Procedure or process for the collection, storage, and/or analysis of the urine and/or blood sample may not be in Compliance with California Title 17 which regulates these acts.
* The toxicology screen will list the drugs that it detected in your system. This type of screen typically does not measure the quantity of the amount of the drug but rather it just shows whether you tested positive or negative for a specific drug. During this process parts of the blood samples are preserved for either the State Prosecutor or the Defense Council to have a “quantitative analysis” performed. This type of an analysis looks specifically for the amount of the drug in the person’s bloodstream; this can be a valuable and often necessary tool in determining whether or not the drug had sufficient quantity to impair the driving. This process that a Criminal Defense firm uses is known as blood splits.
The only issue in a DUID case in the state of California is whether or not the drugs impaired your ability to the slightest degree to safely operate a motor vehicle. More importantly, the driving behavior is not always the conclusive measure of whether or not you were driving under the influence, rather it is only one factor that is taken into consideration.
Unlike the California Vehicle Code 23152(b) – Driving with a BAC over .08% of alcohol or intoxicating beverage, a DUID has no quantitative thresholds that dictates or decides if you are driving under the influence of a drug. With that said, the prosecutors will generally rely heavily on the police reports of the arresting officer as well as the field recognition expert and testimony of expert witnesses and/or independent witnesses.
It’s very important to call Ross Law Center as soon as possible and to schedule your free consultation. The team at Ross Law Center can schedule your free consultation and allow you the time to discuss your case and make the best decision when choosing whom you will hire to represent you.