Definition and Aspects of DUI of Drugs:
Under California Vehicle Code 23152(f) (VC 23152(f)), it is against the law to operate a motor vehicle under the influence of drugs. If a drug impairs the person’s driving, whether it is prescribed or illegal, it is against the law. California Vehicle Code 23152(f) (VC 23152(f)) is usually a misdemeanor offense, punishable with jail time and fines; however, in some cases, it could escalate to a felony.
To be convicted of California Vehicle Code 23152(f) (VC 23152(f)), the Prosecution must prove the following:
- The Defendant drove the vehicle
- The defendant was under the influence of drugs at the time of the incident.
Any drug that impairs the driver’s ability can be the cause of a DUI (VC 23152(f)) charge. This could include prescription drugs:
- Oxycodone
- Oxycontin
- Ambien
- Vicodin
Or illegal drugs, such as:
- LSD
- Heroin
- Ecstasy
- Methamphetamine
- Cocaine
And in some cases, if the driver is on over-the-counter medication and his/her skills are impaired, he/she can be charged with California Vehicle Code 23152(f) (VC 23152(f)). Such drugs include:
- Sleeping pills
- Allergy medication
- Cold medicine
Lastly, driving under the influence of marijuana is also covered under California Vehicle Code 23152(f) (VC 23152(f)). While in the state of California, legal consumption of the substance is acceptable, anything that takes away from the driver’s ability to navigate the roads safely can be the cause for a DUI of Drugs charge.
Having the medication prescribed to the driver is not an acceptable defense to California Vehicle Code 23152(f) (VC 23152(f)).
Building a DUI of Drugs Case:
Similar to regular DUI charges, the Defendant may be asked to take a field sobriety test. They might also ask to take the driver’s vitals or interview him/her. Additionally, the police will take notes on the symptoms the driver was eliciting to prove their case. Lastly, there are blood or urine tests available to prove that the driver had drugs in his/her system.
Note that a breathalyzer cannot detect drugs, only alcohol, and thus is no help in building a case against the driver.
At the end of the day, the police have it at their discretion to make a DUI (VC 23152(f)) arrest on the scene.
Criminal Offenses Related to DUI of Drugs:
Similar or related offenses to California Vehicle Code 23152(f) (VC 23152(f)), DUI of Drugs:
- Driving Under the Influence of Alcohol – California Vehicle Code 23152(a) (VC 23152(a))
- Driving Under the Influence of Alcohol and Drugs – California Vehicle Code 23152(g) (VC 23152(g))
- Possession of a Controlled Substance – Health and Safety Code 11350 (HSC 11350)
Examples of DUI of Drugs:
A man is at a house party where a friend offers him cocaine. At the end of the evening, the man takes the drug and decides to drive home, thinking he has sobered up. However, he does not notice that he is driving well over the speed limit. When the police pull him over, the officer notes the man’s dilated pupils. Due to the speeding and the man’s appearance, he could be charged with California Vehicle Code 23152(f) (VC 23152(f)).
A woman has bad allergies in the springtime and takes over-the-counter medication for it, not knowing it makes her slightly drowsy. An officer pulls her over on her way home, noting her drooping eyes and slow reactions. Despite the allergy medication being perfectly legal, driving under its effects impaired the woman’s abilities. She could be charged with DUI of Drugs (VC 23152(f)).
Defenses for DUI of Drugs:
Unless a blood or urine test is performed, it is hard to prove that the person was under a drug at the time of the incident. Since a blood or urine test isn’t performed on the scene, the police use their discretion to make arrests for DUI of Drugs (VC 23152(f)).
One of the defenses questions the probable cause for the traffic stop. If the police do not have sufficient evidence to show there was a reasonable cause for pulling the Defendant over or even arresting him/her, the case could be dismissed.
Lastly, if Defendant was not under the influence of drugs at the time, he/she cannot be charged with California Vehicle Code 23152(f) (VC 23152(f)).
Consequences and Penalty for DUI of Drugs:
California Vehicle Code 23152(f) (VC 23152(f)) is a wobbler offense, meaning it could be charged as a misdemeanor or, in rare cases, as a felony. How the case is charged depends on the detail of the incident, the Defendant’s history, and whether the charge came after a crash.
A first-time conviction for DUI of Drugs (VC 23152(f)) is punishable with up to 6 months in county jail and fines up to $390 – $1,000. Additionally, the convicted person would have their license suspended and be mandated to attend DUI school.
DUI of Drugs, under California Vehicle Code 23152(f) (VC 23152(f)), is a wobbler that can result in jail time and severe fines, and license suspension. You must contact an expert attorney as soon as possible if you or someone you know is charged with a DUI of Drugs.
For an experienced attorney on your side, Action Lavitch from Action Defense Lawyers is available 24/7 at (747) DEFEND U or (747) 333-3638. With a proven track record of DUI-related cases and speaking English and Spanish, Action Lavitch and the team from Action Defense Lawyers provide skilled legal representation and professional advice. Having an above 90% success rate for clients, Action Defense Lawyers is the go-to for those charged with California Vehicle Code 23152(f) (VC 23152(f)), Driving Under the Influence of Drugs. Book a free consultation today.
