DUI of Drugs Laws in California

dui drugs

According to California’s Vehicle Code 23152(a) VC “it is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.”

A person is considered to be under the influence if as a result of taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.

A drug is a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would appreciably impair his or her ability to drive as an ordinarily cautious person, in full possession of his or her faculties and using reasonable care, would drive under similar circumstances.[1]

The law states no difference whether the drugs are illegal or prescribed by doctor. The most important is that the driver under the influence of these drugs and as a result can no more drive a vehicle with the caution of a sober person.

Consequently, it is not set forth no exact excessive blood toxicity level that shows or can show whether the driver may use his or her mental and physical abilities as a sober person or none.

Drive under the influence of drugs may be either a felony or a misdemeanor, that is to say it is a “wobbler”. The incrimination depends on the criminal history of the person as well as circumstances of the offense.

The conviction of the DUI of drugs may involve the same penalties as an “ordinary” DUI (depending on the county).

If you have been charged with a crime it does not mean you are guilty.

Are you accused of the commission of  DUI Drugs?

The Margarian Law Firm aggressively protects the rights of criminal defendants in California. Each defense will be developed upon the facts of your individual case. Do not hesitate to contact us. You will get your legal assistance as soon as you contact us. We handle every aspect of your case, from the first step to the very last court hearing.

You may file your request online, by telephone or by mail. 818-553-1000

 


[1] California Jury Instructions, Criminal CALJIC 16.830

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