Most people are familiar with the basics of California DUI law: you can be charged with a DUI if you drive your automobile while under the influence of drugs or alcohol. While there are intricacies to California’s DUI legislation, this is how the law works in general. You might be charged with a DUI if your blood alcohol content (BAC) is above a specified level, or if you’re under the influence of drugs or alcohol to the point that you can’t drive with the prudence of a sober person.
There is another sort of DUI that few people are aware of
You can be charged with a DUI in California if you drive while addicted to drugs. This is true for any substance, whether legal or illicit. You might be charged with a DUI if you are addicted to a substance and get behind the wheel of a car, even if you are not currently under the influence. For the first, second, and third offenses, this is a misdemeanor. Fourth and subsequent offenses, on the other hand, might be prosecuted as felony DUIs.
Why does this law exist?
This allegation appears to be a stretch: how can the authorities show that a person is driving while addicted to drugs? In reality, it is rarely enforced since if a person is not driving recklessly or otherwise displaying indications of being under the influence, they are unlikely to be pulled over.
However, prosecutors can use it when they don’t have enough evidence to charge someone with driving while under the influence of narcotics — and instead charge them with driving while addicted.
Qualifications for conviction
To be convicted of this offense, you must just operate a vehicle while addicted to drugs. You cannot be convicted of this offense if you are actively enrolled in a drug treatment program. For the purposes of this statute, any substance, including prescribed medicine, counts. A prosecution must present the following to prove that you are “addicted to drugs”:
- You’ve become physically dependent on the drug and will experience withdrawal symptoms if you stop taking it
- You’ve built a tolerance to the drug’s effects and need larger and more potent dosages
- You’ve become emotionally reliant on the drug and feel compelled to keep taking it
DUI probation for 3 to 5 years, fines of up to $1,800, up to 6 months in county jail, a driver’s license suspension of at least 6 months, and mandatory drug education for at least 3 months are among the penalties for a first-time DUI while addicted offense.
Defense options for DUI while addicted
Fortunately, there are techniques to defend yourself against these accusations. A DUI defense lawyer might claim that you are not addicted to a substance because you use it sometimes, don’t have a tolerance for it, or don’t have a compulsive urge to keep using it. Your attorney may also claim that you were engaged in a drug treatment program when you were arrested, which is an ironclad defense to the accusation.
Chambers Law Firm can assist you if you have been charged with a DUI. To book a free first consultation with a Rancho Cucamonga DUI defense attorney, call 714-760-4088 or email dchambers@clfca.com now.
