Driving under the influence of drugs carries the same penalties as a DUI charge. Learn more about how you could be charged with DUI Drugs even if you’re only taking legally prescribed medications.
In California, it is a crime to drive under the influence of drugs — just as it is a crime to drive under the influence of alcohol. Known as DUI Drugs, this violation has similar penalties as regular DUIs, which means that it could have a serious impact on your life.
What Is DUI Drugs?
To keep our roads safe, California law forbids drivers to be under the influence of any drug while operating a vehicle. It is also a crime to drive under the combined influence of alcohol and drugs.
The first question that may spring to mind is how drugs are defined under California law. Drugs are any substance that could affect your brain, muscles or nervous system. This could include a wide variety of drugs, from over-the-counter medications to illegal drugs and even prescription medication. If you have taken any drug that impairs your ability to drive like a sober person, you could be charged with DUI Drugs.
DUI Drugs charges are usually filed as a misdemeanor, with penalties including DUI probation for 3 to 5 years, suspension of your driver’s license, potential jail time, DUI classes and heavy fines. In some cases, it may be charged as a felony offense — with even more severe potential consequences. This may happen if your driving causes an injury to another person or if you have multiple prior DUI offenses on your record.
What Type of Drug Use Can Lead to a DUI Drugs Case?
When it comes to DUI Drug charges, almost any type of drug or medication can result in an arrest if the substance impairs your ability to drive. Californians have been convicted for DUI Drugs for being under the influence of:
- Marijuana
- Pain medication, like Vicodin
- Sleeping pills, such as Ambien
- Anti-anxiety medication, such as Xanax
- Benadryl
- NyQuil
- Cocaine
- Heroin
It is not a defense that you are using a legal drug, or one prescribed to you by a doctor. If the medication makes you unable to drive safely — like a sober person — you may be liable for a DUI Drug charge. The only thing that matters is if the drug or medication affected your ability to drive your vehicle.
Defending Against A DUI Drugs Charge
If you have been arrested for DUI Drugs, the most important thing that you can do is contact a skilled Santa Ana DUI lawyer as soon as possible. An experienced attorney can put together a defense to your charge, including the following options:
- You were not actually under the influence
- Inaccurate test results
- No probable cause to make the stop
- Innocent explanations for appearing intoxicated
- Proper procedures were not followed, including giving a Miranda warning
Working hand in hand with your attorney, it may be possible to defeat a DUI charge. This is particularly true in DUI Drugs cases, where there is no single standard for intoxication (unlike driving under the influence of alcohol). Simply because a drug is present in your system does not mean that you were driving under the influence or that you were actually impaired.
If you have been charged with DUI Drugs, you will need the assistance of a seasoned Santa Ana DUI lawyer. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to learn more about how we will fight to protect your legal rights and your freedom in a DUI Drugs case.
