A DUI of Drugs can be charged even if you are taking prescription medication.
Most people associate DUIs with alcohol, which is understandable given the many campaigns against drunk driving in California and across the country. But California law does not just prohibit driving under the influence of alcohol — it also forbids people from driving under the influence of drugs when they are no longer able to operate their vehicle safely.
DUI of drugs can be charged whenever you are under the influence of any drug, whether it is a prescription medicine, an illegal drug or even an over-the-counter medication. If you are so impaired from any drug that you cannot drive like a sober person under similar circumstances, you can be charged with a DUI of drugs.
What is DUI of Drugs?
Under California law, a person is guilty of DUI of drugs when you have taken any substance that affects your nervous system, brain or muscles (other than alcohol) that impairs your ability to drive. The prosecutor must prove that either your physical or mental abilities are impaired to such an extent that you cannot drive with the care and caution of a sober person. The prosecutor only has to show then that (1) you were under the influence of drugs and (2) the drugs impaired your ability to drive.
The police will typically take a blood sample to prove that you had drugs in your system. This test will show what medications or drugs were in your system at the time that the sample was taken, as well as the quantity in your system. Unlike with driving under the influence of alcohol, which has a basic limit of .08 percent blood alcohol content, there is no exact number for driving under the influence of drugs. The prosecutor’s evidence will instead be largely focused on the testimony of the officer who arrested you (what he or she observed as you drove and how you acted once stopped) as well as the results of the blood test showing that you had drugs in your system. Expert witnesses may also testify about how a particular drug usually affects people, or the level of drugs in your system would likely impact your ability to drive.
The penalties for a DUI of drugs can be severe, similar to those for a DUI involving alcohol. It is usually a misdemeanor charge in California, unless certain circumstances exist. If you are convicted of DUI of drugs, you could be facing a driver’s license suspension, mandatory DUI school, probation for 3 to 5 years, and fines of approximately $1,800 for a first offense. You may also be sentenced to jail time depending on the facts and circumstances of your case.
It is important to remember that DUI of drugs can be charged for any type of drug, even over-the-counter drugs or a prescription medication. It does not matter that a doctor prescribed a drug for you or even that you are taking it how you are supposed to; if the medication or drug affects your ability to drive as a sober person would, then you can be charged with a DUI of drugs. The fact that the drugs are legal is not a defense to the charges.
Because the penalties for a DUI of drugs are significant and can impact many areas of your life, it’s important to have a skilled DUI lawyer. In Riverside, CA, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will work hard to protect your freedom, and will develop defenses to a DUI of drug charges, including that you were not actually “under the influence” of drugs or that there are other reasons that you may have appeared impaired.
