Driving under the influence of a drug refers to operating a motor vehicle while impaired by substances that can affect driving ability. It is akin to driving under the influence of alcohol (DUI). However, the impairment is attributed to drugs instead of alcohol. DUID laws encompass a broad spectrum of substances. They incorporate illicit drugs like marijuana, cocaine, heroin, and methamphetamine alongside prescription medications like opioids, sedatives, and stimulants. Certain over-the-counter medications, like specific antihistamines or sleep aids, can also impair driving and fall under DUID regulations.

Drug impairment can significantly impact a driver's motor skills, reaction time, coordination, judgment, and perception. Consequently, operating a vehicle under the influence of drugs can be perilous, heightening the likelihood of accidents, injuries, and even fatalities. This is why prosecutors aggressively seek convictions. You thus need legal representation if you are facing DUID charges in Fresno. Contact the California Criminal Lawyer Group for assistance.

Driving Under The Influence of a Drug Under California Law

California has two statutes addressing driving under the influence of drugs, namely:

  • Vehicle Code 23152(f), and
  • Vehicle Code 23152(g).

Vehicle Code 23152(f) addresses driving under the influence of drugs (DUID). Operating a vehicle under the influence of impairing drugs specified in the California Vehicle Code is illegal.

Similarly, Vehicle Code Section 23152(g) declares it unlawful for a person to drive a vehicle under the combined influence of an alcoholic beverage and a drug. Essentially, if an individual is impaired by the simultaneous presence of alcohol and drugs, they violate this particular section of the law.

Legal Definition of a Drug

The broad legal definition of "drug" encompasses many substances. It includes legal and illegal drugs, prescription medications, and over-the-counter drugs. Some examples to further illustrate this include:

  • Illegal drugs — Illegal drugs consist of diverse substances that fall under the illicit narcotics category. They include heroin, cocaine, methamphetamine, LSD (lysergic acid diethylamide), and MDMA (ecstasy). These drugs have been explicitly proscribed by state and federal regulations, signifying their unlawful status.
  • Prescription medications — Prescription drugs are legally obtained only with a valid prescription from a healthcare professional. Although these drugs are deemed legal when utilized according to instructions, engaging in their use without a valid prescription or in opposition to medical advice could potentially be viewed as a violation of the law.
  • Over-the-counter drugs — You can purchase over-the-counter medicines without a prescription. While readily available and legal, certain over-the-counter medications can still have impairing effects. For example, certain antihistamines used to treat allergies, cough medicines containing codeine, or sleep aids containing sedating ingredients can affect a person's ability to drive safely.

In California, various drugs commonly lead to DUID charges. The specific drugs involved can change over time as new substances emerge or regulations are updated. Here are some examples of drugs that have been associated with DUID charges:

  • Prescription medications — Certain prescription drugs can lead to DUID charges if they impair a person's ability to drive safely. These can include opioids (for example, oxycodone, hydrocodone), benzodiazepines (for example, diazepam, alprazolam), sleep aids, muscle relaxants, and other medications that have sedative or impairing effects.
  • Stimulants — Drugs like amphetamines (including illicit methamphetamine) and cocaine can lead to DUID charges. Stimuli can affect a person's alertness, focus, and judgment, potentially increasing the risk of accidents while driving.
  • Marijuana (Cannabis) — Driving under the influence is a concern, especially with the legalization of recreational marijuana because of Tetrahydrocannabinol (THC), the active psychoactive compound in cannabis.
  • Hallucinogens — Certain hallucinogenic substances can alter perception, cognition, and motor function. They include LSD (lysergic acid diethylamide) and psilocybin mushrooms. Driving under the influence of these substances can impair judgment and coordination, leading to DUID charges.
  • Club drugs — Substances like MDMA (ecstasy), ketamine, and GHB (gamma-hydroxybutyrate) are commonly associated with party or club scenes. These drugs can impair motor skills, perception, and cognitive abilities, making driving unsafe.

Note: The range of substances leading to DUID charges varies. Determining impairment and the legal consequences of DUID depends on factors including the specific drug involved, its concentration in the body, individual tolerance, and other circumstances surrounding the offense.

Legal Limit for Driving Under the Influence of Drugs

Regarding the concentration of drugs like marijuana or other controlled substances in the bloodstream, there is no specific threshold or legal limit. Rather than focusing on numeric limits, the law centers on determining whether the individual's ability to drive safely has been impaired by the drug(s) in question.

When detecting drug impairment, law enforcement officers employ various methods. These include observing driving behavior, conducting field sobriety tests, and utilizing the expertise of drug recognition experts (DREs). If there is suspicion of impairment, a blood or urine test could be administered to detect the presence of drugs in the individual's system. The results of these tests, combined with other evidence, are used to establish impairment and support a DUID charge.

Note: The absence of a specific threshold does not imply leniency toward drug-impaired driving. Operating a vehicle while impaired by drugs, regardless of their concentration, remains a violation of the law and can result in legal consequences.

How DUID Arrests Occur

Driving under the influence arrest can happen at a DUI-specific checkpoint or during a regular traffic stop.

     a) DUI Checkpoint

Law enforcement agencies occasionally set up DUI checkpoints, also known as sobriety roadblocks, at specific locations. Officers establish these checkpoints to proactively identify and deter drivers who could be under the influence of alcohol or drugs.

At a DUI checkpoint, all vehicles passing through are screened, and drivers will be required to stop or answer questions related to their sobriety briefly. If an officer suspects impairment based on the driver's behavior, the alcohol odor, or other signs, they could conduct further investigations, including field sobriety tests or chemical testing. If the driver fails these tests or refuses to comply, an arrest for DUI can occur at the checkpoint.

     b) Regular Traffic Stop

A DUI arrest can also happen during a regular traffic stop. If a law enforcement officer observes suspicious driving behavior, for example, erratic driving, swerving, or violating traffic laws, they have the authority to pull over the vehicle.

When conducting a traffic stop, if the officer detects indications of impairment. He/she will look for signs, including slurred speech, bloodshot eyes, or the odor of alcohol. If they notice any signs of intoxication, they will administer FSTs. They will also conduct additional investigations to establish whether the driver is under the influence of alcohol or drugs. If the officer determines sufficient evidence of impairment, they can arrest you for DUI.

Drug Recognition Experts

A drug recognition expert (DRE) is an essential asset within law enforcement agencies, trained to detect individuals who are under the influence of drugs. Their specialized training equips them to evaluate individuals suspected of drug impairment thoroughly. They identify the specific drug categories causing the impairment. The evaluation process involves comprehensive assessments, including physical examinations, questioning, and standardized tests designed to detect signs of drug influence.

DREs are skilled in recognizing the signs and symptoms associated with different drug categories. These signs and symptoms include central nervous system depressants, stimulants, hallucinogens, and cannabis. They utilize a range of assessments, including eye examinations, vital sign assessments, and divided attention tests, to aid in identifying drug impairment.

Once the evaluation is complete, DREs offer expert opinions and information to support the determination of drug impairment. Their observations and assessments can be crucial evidence in legal proceedings related to DUI charges.

Note: DREs themselves do not possess the authority to make arrests. They work collaboratively with other law enforcement officers who can make arrests based on the findings provided by the DRE.

Driving Under the Influence of Drugs Arrest Process

DUID arrests typically occur when law enforcement officers have reasonable suspicion or probable cause to believe that a driver is operating a vehicle under the influence. Here is a general overview of how DUI arrests typically happen:

  1. Initial Observation

A DUI arrest often begins with an initial observation by a law enforcement officer. For example, the officers will observe erratic driving behavior, like speeding, weaving between lanes, running red lights, or any other violation of traffic laws. These observations can give the officer reasonable suspicion to initiate a traffic stop.

     a) Traffic Stop

The officer initiates a traffic stop by activating their emergency lights and signaling the driver to pull over. The officer approaches the vehicle and interacts with the driver, requesting necessary documents, for example, a driver's license, registration, and proof of insurance.

     b) Field Sobriety Tests

If the officer suspects the driver is under the influence, he/she will ask the driver to perform field sobriety tests (FSTs) to assess their physical coordination, balance, and cognitive abilities. Common FSTs include the walk-and-turn test, one-leg stand, and horizontal gaze nystagmus test (eye movement test).

     c) Preliminary Alcohol Screening (PAS)

PAS is a portable breath test administered by law enforcement officers to obtain a preliminary indication of a person's blood alcohol concentration during a DUI investigation. The PAS test is typically conducted using a handheld breathalyzer device.

During a DUI stop, an officer could request the driver take the PAS test after observing signs of possible impairment or if the driver fails field sobriety tests. The driver is asked to blow into the breathalyzer device, which measures the alcohol content in their breath. The device then provides a numerical reading indicating the estimated BAC level.

Since DUID cases do not have a legal threshold, the PAS test results are generally not admissible as evidence in court. They are used primarily to establish probable cause for a DUI arrest. The test helps law enforcement officers gather additional information to support their decision to arrest a suspected impaired driver.

     d) Arrest and Chemical Test

If the officer determines sufficient evidence to establish probable cause for a DUI arrest, they will arrest the driver. At this point, the driver is usually read their Miranda rights and transported to a police station or designated facility for further testing. A chemical test, for example, a breath, blood, or urine test, is typically administered to measure the driver's BAC or the presence of drugs in their system.

Your Rights as a Driver During a DRE Investigation

A DRE investigation is a specialized process law enforcement officers use to evaluate individuals suspected of driving under the influence (DUI) of drugs. After a stop or at the DUI checkpoint, the DRE is called upon to assess the individual's level of impairment and determine the category or categories of drugs that could be causing the impairment.

During a DRE investigation, drivers have certain rights they should be aware of. Some general rights that drivers have during a DRE investigation include the following:

  • Right to remain silent — Just like in any interaction with law enforcement, drivers have the right to remain silent. They are not obligated to answer questions beyond basic identification and vehicle-related information. It is generally advisable to be respectful and cooperative but avoid self-incrimination by exercising your Fifth Amendment right.
  • Right to refuse voluntary tests — Drivers can decline to be subjected to voluntary tests during a DRE investigation. These tests could include various physical examinations or assessments conducted by the DRE. However, refusing a chemical test, for example, a blood or urine test, could have legal consequences. This includes the suspension of driving privileges or other administrative penalties, depending on the jurisdiction's implied consent laws.
  • Right to request an attorney — If a driver is arrested or believes their rights are being violated during a DRE investigation, they have the right to request an attorney. Contacting an attorney as soon as possible is generally advisable for guidance and representation during legal proceedings.
  • Right to understand the process — Drivers have the right to understand the procedures and the purpose of the DRE investigation. They can ask for clarification on any steps involved, the purpose of specific tests, and the potential implications of the investigation.

Defense Strategies You Can Use to Challenge the DUID Case

When facing a DUID case, several defenses can be asserted, depending on the circumstances of the case. Ensure you engage a qualified attorney specializing in DUI defense to evaluate your situation and determine the best defense strategy. Here are some potential defense strategies that could be relevant in a DUID case:

Questioning the Validity of the Drug Tests

Attacking the validity of drug test results is a common defense strategy in DUID cases. Challenging the accuracy, reliability, or chain of custody of the drug test results can cast doubt on the evidence presented by the prosecution. Here are some ways to attack the validity of drug test results:

  • Testing procedures and protocols — The defense can examine whether the testing procedures followed by the laboratory were conducted correctly and per accepted standards. This includes ensuring that the testing equipment was properly calibrated and maintained and that the laboratory technicians were qualified and followed appropriate protocols.
  • Sample handling and storage —You must thoroughly scrutinize the chain of custody of the drug sample, ensuring its appropriate handling and storage throughout the testing process. Any deviations or gaps in the chain of custody could instill skepticism regarding the sample's integrity, reliability, and accuracy of the test results.
  • Contamination or cross-reactivity — Drug tests occasionally yield false positive outcomes due to contamination or cross-reactivity with substances other than drugs. The defense will explore whether various factors contributed to a false positive. These factors include specific medications, dietary supplements, or environmental conditions.
  • The laboratory’s accreditation and proficiency — Your attorney can question the qualifications and accreditation of the laboratory responsible for conducting the drug test. This involves scrutinizing whether the laboratory possesses the requisite certifications and adheres to the mandated standards for carrying out drug testing. Moreover, the defense can inquire about the laboratory's implementation of proficiency testing and quality control measures.
  • Expert testimony — Engaging an expert in forensic toxicology or a related discipline can yield invaluable insights into the accuracy and dependability of drug testing methodologies. The expert can assess the test results, laboratory procedures, and the scientific foundation underpinning the employed drug detection methods, offering testimony that challenges the validity of the results.

You can also use the detection window to challenge the accuracy of the results. The detection window refers to the period during which drugs can be detected in a person's system through testing. By asserting the detection window as a defense, you question whether the drug test results accurately reflect your impaired driving. Here is how this strategy can be approached:

  • Metabolism and elimination rate — Different drugs have varying metabolism and elimination rates, meaning they can be detected in the body for different durations. It is possible to argue that the drugs detected in the driver's system were remnants from previous use and not a result of recent impairment. For example, if a drug has a short detection window and the test was conducted several hours after driving, it may be argued that the driver was not impaired during the actual operation of the vehicle.
  • The delay between driving and testing — The time elapsed between the alleged impaired driving and the drug test administration can impact the results' validity. If there was a significant delay, it could be argued that the drug levels detected in the test did not indicate impairment during driving.
  • Testing limitations — Each drug test has limitations in detecting specific substances and their concentration levels. Examining the accuracy and sensitivity of the drug test used in your case is crucial. If the test has a limited ability to detect low concentrations of drugs or has a high likelihood of false positives, it can be questioned whether the test results are reliable indicators of impairment.

Asserting Title 17 Violations

 Title 17 refers to the regulations governing California's collection, storage, and analysis of forensic evidence. If law enforcement or the laboratory conducting the drug testing violated any provisions of Title 17, it may undermine the reliability and admissibility of the test results. Here is how Title 17 violations can be asserted as a defense:

  • Collection and handling of samples — Title 17 sets forth specific procedures for collecting, handling, and preserving biological samples, for example, blood or urine, for drug testing. Any deviations from these procedures, for example, improper sterilization, contamination, or failure to maintain the integrity of the samples, can be challenged as a violation. If the defense can demonstrate that the samples were mishandled or the chain of custody was compromised, it can cast doubt on the accuracy and reliability of the test results.
  • Testing laboratory compliance — Title 17 also outlines requirements for laboratories conducting drug testing, including equipment calibration, qualifications of personnel, quality control measures, and proficiency testing. If the laboratory conducting the drug analysis fails to comply with these regulations, it is possible to challenge the competency and credibility of the laboratory, thus raising doubts about the accuracy of the test results.
  • Reporting and documentation — Title 17 specifies the information that should be included in the test results report and mandates proper testing process documentation. If there are deficiencies in the reporting or documentation, it can be argued that the evidence does not meet the required standards for admissibility. These deficiencies include missing or incomplete information.

Penalties if Convicted of DUID

Driving under the influence of drugs is a wobbler offense. You can face misdemeanor or felony penalties. You will likely face felony charges in the following scenarios:

  • A history of three or more prior DUI convictions can lead to enhanced consequences in a DUID case.
  • Even if it is your first offense, a prior felony DUI conviction can increase the severity of the current DUID charge.
  • If your DUID caused serious injury or resulted in the death of a third party, the gravity of the DUID case escalates.
  • Multiple convictions for DUI offenses causing injury can also intensify the consequences in a DUID case.

     a) Penalties of a First DUID Conviction

Absent injuries to third parties, the penalties for a first DUID offense include the following:

  • Informal DUI probation lasting for a period of three to five years.
  • After additional penalties and assessments, a $390 fine typically amounts to approximately $1,800.
  • The DMV will suspend your driver's license for at least six months.
  • Completion of a mandatory DUI school, which consists of a three-month drug education program.

     b) Penalties of a Subsequent DUID Conviction

If convicted of a second or third DUID offense, you risk facing the following penalties:

  • Up to $1,000 in fines.
  • Up to one year in jail.
  • A driver’s license suspension of up to 2 years.
  • Mandatory enrollment in a DUI program.

     c) Penalties of a Felony Conviction

Penalties for felony driving under the influence of drugs vary depending on the charge and your criminal history. They include:

  • 16 months to four years in jail or prison, based on the severity of the offense and any prior convictions.
  • A $1,000 to $5,000 fine.
  • Suspension or revocation of your driver's license for a minimum of one year.
  • Formal probation instead of time in prison.

Contact a Fresno Criminal Defense Attorney Near Me

DUID charges are consequential. The California Criminal Lawyer Group understands this. Contact our Fresno offices today at 559-712-8377. Let us use our vast experience and understanding of California DUI laws to challenge the DUID charges and help secure the best legal outcome.