Drug DUI Laws in California

What You Need To Know About California Drug DUIs

Drug DUI Laws in California

You can be arrested for a drug DUI in California. Unlike an alcohol DUI, where your blood alcohol concentration (BAC) will be measured, drug DUIs only require that your driving be impaired. If you have been pulled over for a traffic stop, the officer may begin a drug DUI investigation if they have a reasonable belief indicating you are under the influence. You should understand the law and your ability to refuse questions and testing designed to incriminate you.

What Is a Drug DUI?

California criminalizes driving under the influence of any intoxicating substance such as drugs or alcohol. Whether you are under the influence is determined by an inability to drive as a sober person would because of the drugs in your system. Unlike an alcohol DUI using an illegal BAC, there are no reliable measures for drug concentration levels that automatically signal impairment.

Any drug can lead to a drug DUI in California. This list includes:

  • Legal drugs like marijuana
  • Legally-acquired prescription drugs, such as painkillers or opiates
  • Over-the-counter medicine, like cold and cough or allergy medications
  • Illegal drugs like cocaine, meth, or heroin

You can also face a DUI conviction for impairment due to the combination of drug and alcohol use.

Drug DUI Investigation Procedures

If you are stopped by law enforcement, and the officer believes your driving was impaired by drug use, they need to undertake an investigation before arresting you. The examination may consist of a field sobriety test, questioning your drug use or what you did before driving, and physical observations. An officer that suspects you are under the influence of drugs may summon a drug recognition expert (DRE).

While not all California counties have DREs, those that do have provided them special training to recognize narcotic impairment. Once a DRE has arrived, they are in charge of the DUI investigation. You will be subject to a 12-step analysis of your possible impairment.

You have the right to refuse to answer any questions, either by the primary officer or the DRE. You can always rely on the Fifth Amendment right to avoid self-incrimination by not responding. You also have the right to not participate in any field sobriety tests. Unless you are placed under arrest, you can choose not to have a chemical test or mouth swab performed as well. The only exceptions are if you are currently on DUI probation or under 21 years old.

Once arrested, you can still refuse to answer questions but cannot refuse chemical testing without an automatic license suspension and other consequences. However, the officer must have probable cause to arrest you for a drug DUI conviction to stand. Probable cause is more difficult to acquire in the absence of chemical testing evidence.

Penalties for Drug DUI

A first-time drug DUI is generally a misdemeanor unless you injured someone else as a result of your DUI. You will face possible jail time, an automatic suspension of your driver’s license, DUI probation, a fine, and paying for and attending DUI school. The penalties will escalate based on any earlier DUI history.

If you have three or more prior DUIs, one earlier felony DUI conviction, or injured a third party, a drug DUI charge can be a felony. Felony drug DUI convictions can lead to up to four years in jail and a $1,000 fine. You will also face extended probation periods, harsher license suspension terms, and costlier and longer DUI school requirements.

If you’ve been arrested on a drug DUI in Orange, California, there are many ways an experienced criminal defense attorney can fight the charges. The Chambers Law Firm has years of experience helping people accused of DUIs, and our skilled legal team will know the best way to challenge the evidence against you. Set up a consultation today by calling 714-760-4088 or emailing info@orangecountyduifirm.com.

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