The charge of driving under the influence of drugs (DUID) is a serious offense. Being arrested for DUID can jeopardize your professional life and leave you uncertain about your next steps. However, it is crucial to remember that charges do not automatically imply guilt. The law enforcement officer could have misunderstood the situation, resulting in your innocence.
Therefore, if you want to defend your rights and establish your innocence, it is crucial to seek the assistance of an attorney instead of feeling guilty. At the Law Offices of Anna R. Yum, we understand the significance of safeguarding your freedom, reputation, and driving privileges. Our Los Angeles attorneys are dedicated to preparing a solid defense strategy and diligently pursuing the reduction or dismissal of the charges against you.
Free Consultation (619) 233-4433
An Overview of DUID Under California Law
The California Vehicle Code 23152 prohibits drivers from operating a vehicle while under the influence of drugs. This includes driving while:
- You’re under the influence of drugs
- You are under the influence of both narcotics and alcohol
- You have a drug addiction
- You have not enrolled in an approved treatment program
Any substance that can affect your brain, muscles, or nerves is considered a drug. However, driving while under the influence indicates that the substance has impaired your ability to drive safely. It means you are unable to exercise the same level of caution as a sober person would in a similar situation.
According to the substance’s definition, you could face a DUID charge if you are under the influence of:
- Legal medications, such as marijuana
- Prohibited substances, such as cocaine, heroin, or methamphetamine
- Over-the-counter medications, such as antihistamines or flu shots
- Prescription drugs, regardless of whether they induce a “high” or not
Methamphetamine, Ambien, and prescription opiates such as Valium, Vicodin, and Oxycontin are examples of medications that could lead to DUID charges. Even when used for medicinal purposes, any drug that affects the nervous system, muscles, or brain could potentially result in legal consequences.
There is no legally defined limit for the amount of drugs you should have in your system to be convicted of DUID (Driving Under the Influence of Drugs). Any presence of drugs found in your blood during a test could potentially lead to your arrest.
Blood Testing and Implied Consent
The police officer will typically want to take a blood sample if they suspect you of driving under the influence. After that, they will test the blood to determine whether or not it contains any prohibited chemicals. According to California’s implied consent statute, individuals automatically consent to be subjected to a breath or blood test when granted the right to drive. This means that following a lawful arrest for operating a vehicle while drunk, you will be required to submit to a breath or blood test.
If you decide not to take the examinations, you could potentially face additional fines and even the suspension of your license. Consequently, in the event of an accident where you are charged with DUID, the police can obtain a warrant to legally take a blood sample from you. To ensure that qualified personnel can draw your blood, it could be necessary for you to be sedated at a medical facility.
The Application of Blood Testing in Drug-Driving Cases
Once your blood sample is taken, it undergoes toxicity testing to identify any medicines present in your bloodstream. However, the screening does not typically display the concentration levels of the medicines found. Instead, it simply indicates whether or not your blood contains drugs. If drugs are detected, the lab will then perform quantitative analysis to determine their specific levels.
Even though the results of blood tests could be subject to debate, the DA can still utilize them, along with expert witnesses and the DRE, to provide support for:
- You have tested positive for drugs at least once
- The amount of material that is available
- In certain circumstances, the timeframe in which you took the medication
However, since none of these factors are considered definitive in terms of impairment, the determination of the prosecution will often be based on:
- The observations of the DRE and the law enforcement officers
- The testimony of the expert witness
What Takes Place at a DUID Trial?
During the DUID trial, the following events take place:
The Arresting Officer’s Testimony
DUID trials typically commence with the officer’s testimony, where they explain the reasons behind their suspicion of your impairment. During this testimony, the arresting officer could provide the prosecutor with information regarding your driving behavior, physical indications of intoxication, and the results of PAS breath tests and field sobriety tests. In other words, any mistakes you make are brought to light in a public setting for the jury or court to consider.
In the majority of cases, arresting police officers testify that the defendant was not driving as cautiously as a sober driver would. They also typically report that the driver displayed clear signs of intoxication, such as slurred speech, watery and red eyes, an unsteady stride, and a flushed face. Furthermore, arresting police officers often testify that the accused did not perform field sobriety tests (FSTs) correctly or as instructed if they took them at all.
Failed breathalyzer tests provide limited evidence in DUID prosecutions, unlike typical DUI trials. The results of a roadside breathalyzer test could indicate a low or zero blood alcohol level. However, the officer could argue that they suspected drug usage due to the signs of impairment not being explained by alcohol alone. In such cases, presenting the legal defense of lack of probable cause for the arrest can be beneficial when challenging this type of testimony in court.
Testimony of the Drug Recognition Expert (DRE)
The DRE’s testimony is the most persuasive evidence in your DUID case. How they testify before the court is a crucial component of their training. To ensure the credibility of their testimony, the district or local city attorney’s office usually works closely with drug recognition specialists. As a result, DREs are typically highly skilled and professional.
They start by providing a comprehensive account of their qualifications, followed by testifying about their main responsibilities, that is:
- Verifying that alcohol was not the cause of your impairment level
- Proving that you were under the influence of drugs and demonstrating your overall health
- Proving that one or more specific restricted substances impaired you
The DRE officer provides a comprehensive report detailing the testing and evaluation procedures used during the investigation stage. They specifically emphasize the evidence supporting their conclusion regarding the drug class you were using while under the influence. For example, they could conclude that you were intoxicated by:
- A hallucinogen similar to LSD or magic mushrooms
- A stimulant, such as amphetamines, cocaine, or methamphetamines
- GHB, or gamma-hydroxybutyrate
- A depressant, such as Xanax or Valium
- Cannabis
- An opioid, such as heroin, codeine, or Vicodin
- PCP, or phencyclidine
- Any medication not included in the lists above
Proving your charges can be more challenging without the involvement of a Drug Recognition Expert (DRE) in your case. Only a few police personnel have received training in drug recognition. If a DRE was not involved and the police officer handling your case lacks training in this area, your legal counsel would still be able to successfully move to suppress the officer’s testimony (if any) regarding alleged drug impairment. Without this crucial testimony, there is a high probability that your charges will either be completely withdrawn or reduced through a plea agreement.
Results of the Blood Test
Next, if there are any DUI blood test results, the DA will present them. These outcomes typically fall into two categories:
- The toxicology screenings yielded results that indicate the presence of drugs
- An expert witness then confirms that the level of the substance in your bloodstream is consistent with what studies suggest could indicate impairment.
- A quantitative analysis revealing the drug levels detected during the screening
DUID Penalties
Penalties for California DUIs can be complex. Driving under the influence of narcotics is generally considered a misdemeanor. It is important to note that a crime is committed if:
- This is your fourth or subsequent DUI offense
- You have at least one prior felony DUID conviction on your record
- If this is your third or subsequent DUI resulting in injury
- If someone else has died or suffered serious injuries as a result of your drugged driving
A professional DUI lawyer has the potential to persuade the prosecution or court to consider probation or community service as an alternative to incarceration. However, if you have multiple DUI convictions, you could have to serve some time in jail or prison. Additionally, the severity of the consequences for a DUID conviction will depend on the number of prior DUI offenses on your criminal record. It is important to note that a DUID conviction could also lead to the suspension or revocation of your driving privileges for a minimum of 6 months and a maximum of 3 years.
The fines are specifically as follows:
First Crime
If this is your first offense for driving under the influence of drugs (DUID), you could potentially face a maximum jail sentence of six months, a fine of up to $390, a six-month suspension of your driver’s license, and a mandatory three-month drug education program (DUI School). Alternatively, instead of serving time in jail, you could be placed on probation for a period of up to five years.
Second Crime in 10 Years
In this situation, you could potentially face a minimum fine of $390, a jail sentence ranging from 90 days to one year, and a two-year suspension of your driving privileges. According to VC 23542, there is a possibility of receiving a probationary sentence for DUID. However, it’s important to note that you could still be required to spend a few days in jail.
Third Offense in 10 Years
If this is your third DUID violation, you could face severe consequences, including a three-year license suspension, a minimum fine of $390, being labeled as a habitual traffic offender, and a jail sentence ranging from 120 days to a year. As an alternative to incarceration, you could be eligible for a probation sentence.
Fourth and Subsequent Crime in 10 Years
Penalties for a fourth or subsequent offense of driving under the influence of drugs (DUID) will be classified as felonies. According to VC 23550, these offenses can lead to fines of up to $50, 000, as well as potential imprisonment for three, two, or 16 months. Additionally, you could face a three-year Habitual Traffic Offender (HTO) designation and a four-year suspension of your driving privileges.
Previous DUID Felonies
Even if it was your only DUID conviction in the previous ten years, you could face a maximum one-year jail sentence if you are found guilty of another DUID during that time frame. Additionally, you could be subject to a minimum fine of $390, an HTO title for no more than 3 years, and a potential license suspension of up to four years. These are all possible consequences to be aware of.
If your driving privileges are canceled or suspended, you will need to pay a reinstatement fee and fine, as well as fulfill several other requirements, to regain your license. These prerequisites include installing an IID in your car, completing DUI school, and providing proof of auto insurance.
Penalties for Substance Addicts Who Drive
It is illegal to drive while impaired by any kind of substance under the provisions of VC 23152c. This relatively rare offense carries penalties similar to driving under the influence (DUI). However, there is one exception to this rule. The only exception is if you are currently enrolled in an approved drug treatment program (although driving under the influence of alcohol is still illegal).
According to VC 2352(c), the prosecution must prove not only that you are a chronic or occasional drug user but also that you are addicted. Prosecutors usually pursue this charge when their case for driving under the influence of drugs (DUID) is weak, but the defendant’s urine or blood test results indicate drug use.
Programs for Drug Diversion Are Not Available in the Event of a DUID
You are not eligible for drug diversion if you are facing charges of DUID. However, your attorney could be able to persuade the prosecutor or court to drop the charges. Alternatively, you could enter a guilty plea under the HSC 11550 law, which prohibits drug-induced intoxication. If this is your first drug offense, you could have the opportunity to participate in a drug diversion program.
- Drug court
- Simple possession diversion program
- Proposition 36 diversion program for non-violent offenders
You have the opportunity to participate in a pretrial education and counseling program through these diversion programs. If you complete any of these programs, the court will drop your charges. This strategy has the advantage of potentially leaving your record completely clear of any convictions.
One drawback of HSC 11550 is that it carries the potential penalty of up to one year in prison. Consequently, if you fail to complete the diversion program, the court could impose this lengthy sentence.
Legal Defenses for DUI Allegations
For the magistrate to convict you of DUID, the prosecution has to prove the following:
- You operated a vehicle.
- You were under the influence of drugs or experienced drug addiction at that moment
It Was Difficult For Your Car To Operate
Charges of driving under the influence of drugs (DUID) could be more arbitrary compared to charges of driving under the influence (DUI) involving alcohol. These cases rely on the observations made by police officers, which could indicate possible impairment. However, it is important to note that other factors, such as exhaustion or medical issues, can also lead to indicators of drug impairment.
Testing positive for drugs in your blood does not always indicate that you were drunk. The metabolism of drugs can vary between individuals. Additionally, even if you were driving under the influence of drugs, the prosecution must still provide evidence of your level of impairment.
Several common defenses apply to DUID as well as other DUI cases. An experienced DUID defense attorney must consistently provide these defenses. Additionally, there are defenses unique to the charges of DUID. In this section, we will examine these two categories of legal defenses to assist you in winning your case.
Among the common legal defense arguments for DUID include the following:
Police Violations and the Lack of Probable Cause
Evidence obtained against you in violation of your rights could be excluded from the courtroom. This often leads to the prosecution dropping your case as it becomes “unwinnable.” Your rights could be infringed upon if the police officer stops or arrests you without reasonable suspicion. If they failed to read you your Miranda rights or questioned you before informing you that you were under detention, we could be able to get your case dropped.
In addition, California law enforcement should adhere to all Title 17 rules, which outline the procedures for collecting, testing, and storing blood and other chemical testing samples. Any violation of Title 17 can result in termination.
Having Drugs In Your Bloodstream Does Not Always Equate To Being Intoxicated
Your defense attorney can argue that in many cases, even if there was a presence of drugs in your system, they were likely in trace amounts that were insufficient to cause intoxication or impairment. Certain substances, like marijuana, can remain detectable in your system for an extended period without affecting your ability to drive at that specific moment.
Furthermore, the level of a drug in a person’s system does not always directly correlate with its level of influence. Factors such as body composition, size, metabolism, and individual tolerance to medicine can all play a role in determining the impact it has on an individual.
Specific Legal Arguments to DUID Charges
There are several unique defenses against DUID accusations. One of the most powerful defenses is the fact that having drugs in your system does not necessarily mean you are always inebriated. There is no scientific evidence that directly links a person’s impairment to the amount of drugs in their system.
Some people are more affected by drug consumption than others. Additionally, individuals develop a tolerance to the drugs they use consistently over time. This is interesting because it implies that light users are less likely to become impaired by drugs than heavy users.
Other legal defenses against accusations of DUID include:
Situations That Seem Like Drug Impairment
Various medical and physical conditions can mimic the symptoms of drug impairment and intoxication. Illness, allergies, exhaustion, nervousness or anxiety, diabetic ketoacidosis, and injuries are common factors that can be similar. It is important to note that these are legitimate reasons unrelated to drug use or impairment.
There are other reasons why symptoms resembling those of drug impairment can occur. Sometimes, conditions other than drug use can elicit common indicators of drug impairment. For example:
- In addition to the effects of drugs, other factors that can change pupil size include nerves, excitement, darkness, and light
- A certain percentage of individuals will naturally experience Horizontal Gaze Nystagmus (HGN), which is an indication of substance abuse and impairment
- An ear condition, a past injury, or even uncomfortable footwear such as steel boots or high heels could be the cause of an unsteady balance
Not All Chemical DUID Tests Are Reliable
Results of DUI blood or urine tests may indicate drug usage, but it is important to note that this does not always guarantee the accuracy of the results. Various factors can affect the validity of DUID chemical testing, such as:
Medical equipment contaminated with harmful substances
- Incorrect sample preservation
- Blood is drawn improperly
- The specimens were not handled properly
Find a Los Angeles DUID Attorney Near Me
Keep in mind that you are not automatically guilty of a DUID accusation. A skilled criminal defense attorney specializing in DUID cases could raise questions about the prosecution’s evidence that you were operating a vehicle while under the influence of drugs. It’s important to note that only a small number of police officers possess the necessary training to accurately identify drivers who may be acting strangely or impaired.
At the Law Offices of Anna R. Yum, our skilled DUID defense lawyers are dedicated to fighting the charges against you. We understand the intricacies of California DUID law and the legal system, allowing us to provide you with the best possible outcome. Our team of legal representatives is located in Los Angeles, California. Call us now at 619-493-3461 to arrange a free consultation.
