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Driving Under the Influence of Drugs

If you or someone you know has been arrested for driving under the influence of drugs, it’s important to contact a qualified criminal defense attorney immediately. California Vehicle Code §23152 makes it “unlawful for any person who is under the influence of any beverage or drug, or under the combined influence of any beverage and drug, to drive a vehicle.” Anyone who is found to be driving under the influence of any type of drug may potentially be charged with this offense.

Driving under the influence of drugs is referred to as DUID, and has similar consequences to a DUI. Potential sentences include a range of jail time, a fine, community service, or even drug rehabilitation classes. Most first time offenders face the lesser punishments and often simply have to pay restitution through community service, pay a small fine, or attend drug or alcohol education classes.

A DUID is harder to prove in court because there is not a set numerical standard for determining when someone is under the influence of a drug or drugs. For example, one way to prove a DUI is through a blood alcohol test. A person is found to be under the influence of alcohol when their blood alcohol content is at .08% or higher. However, when you are under the influence of drugs, an officer has to make a subjective determination if you are in an altered mental state. A simple blood, breath or urine test may not always provide an accurate answer as to whether someone is under the influence of drugs. Accordingly, the prosecutor must prove the case by presenting facts and circumstances that would indicate the person accused was under the influence of drugs.

Prescription Drugs and DUID

In many cases, a person who is driving while under the influence of prescription drugs may also be cited with a DUID. Even though prescription drugs are completely legal, they come with certain warnings advising against the use of heavy machinery and/or operating a vehicle. With the help of an experienced and knowledgeable DUI attorney, a DUID case involving prescription drugs may be dismissed, or the charges reduced significantly.

Hire An Experienced DUI Lawyer

A DUI and criminal defense attorney who specializes in driving under the influence cases has the knowledge and expertise to prepare a powerful defense and defend your rights and reputation. With the right argument, the facts of any case can be presented in a light most favorable to you. When it comes to keeping your record clean, trust the DUI defense lawyers at Hoffman & Associates who have over 30 years of experience with DUI cases and have successfully defended thousands of clients facing these types of charges.

We offer a phone or office consultation to discuss the facts of your case and let you know what your options are. The laws surrounding driving under the influence of drugs can be complex and only a qualified DUI attorney should negotiate on your behalf. Call us today and put our experience to work for you!