Although rarely enforced, California police can charge you with a DUI if you are addicted to drugs.
Most people understand the basics of California DUI law: if you drive your car while under the influence of drugs or alcohol, you could be charged with a DUI. While there are nuances to California’s DUI law (as a Rancho Cucamonga DUI defense attorney can explain), this is basically how the law works. If your blood alcohol concentration (BAC) is above a certain limit, or if you’re under the influence of drugs or alcohol to extent that you can’t drive with the caution of a reasonable sober person, you could be charged with a DUI.
But there is another type of DUI that few people know about: driving while addicted to drugs. Under California law, you can be charged with a DUI for driving while addicted to drugs. This applies to any drug, legal or illegal. If you are addicted to a drug and get behind the wheel of a car — even if you are not presently under the influence — you could be charged with a DUI. This is a misdemeanor for the first, second and third offense. However, fourth and greater offenses can be charged as felony DUIs.
This charge likely sounds pretty far-fetched: how can the police prove that a person is driving while addicted to drugs? In practice, it is rarely enforced because a person likely won’t be pulled over if they are not driving erratically or otherwise showing signs of being under the influence. However, as a Rancho Cucamonga DUI defense attorney can explain, it is often used by prosecutors when they do not have enough evidence to charge a person with driving under the influence of drugs — and so they charge them with driving while addicted.
Under the law, to be convicted of this crime, you simply have to drive a vehicle while addicted to a drug. If you are currently in a drug treatment program, you cannot be convicted of this crime. Any drug counts for purposes of this law, including prescription medication. To be prove that you are “addicted to drugs,” a prosecutor must show:
- You have become physically dependent on the drug and will suffer withdrawal symptoms if you are deprived of it;
- You have developed a tolerance to the drug’s effects and therefore require larger and more potent doses; and
- You have become emotionally dependent on the drug and experience a compulsive need to continue its use
According to a Rancho Cucamonga DUI defense attorney, the penalties for a first-time DUI while addicted offense may include 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.
Fortunately, there are ways to fight back against these charges. A Rancho Cucamonga DUI defense attorney can argue that you are not actually addicted to a drug — that you use it casually, that you have not developed a tolerance, or that you do not have a compulsive need to continue using it. Your lawyer may also argue that you were enrolled in a drug treatment program at the time of your arrest — which is an absolute defense to the charge.
If you have been charged with a DUI, the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a Rancho Cucamonga DUI defense attorney.
