Driving Under the Influence of Drugs – San Diego
Similar to a DUI involving alcohol, driving under the influence of the drugs can result in a DUID. A DUI involving drugs can be just as dangerous and just as illegal as a DUI involving alcohol.
Vehicle code 23152 (f) VC
California Vehicle Code Section 23152 (f) VC is a California law that makes it illegal for any given person to drive under the influence of drugs, prescription or non-prescription. Even if the drugs are not prescription, if they inpair your ability to drive in any way, shape or form, you are in violation of California Vehicle Code Section 23152 (f) VC.
California “Drug”
In California, a Driving Under the Influence of Drugs (DUID) charge does not distinguish between prescription, over the counter, or illegal drugs. If the consumed drug/s create any abnormal mental or physical conditions on the consumer, California law considers it a drug.
Some common California DUI drugs are:
- Marijuana
- Cocaine
- Meth
- Anxiety Medication (i.e – Xanax)
- Prescription Painkillers (i.e – Vicodin)
- Cough Syrup (i.e – Codeine)
Legal Limit
Unlike a California DUI involving alcohol, a California DUI involving drugs does not have a specified legal limit. Instead, California has a zero-tolerance policy when it comes to driving under the influence of drugs. Zero tolerance stems from not being able to pinpoint exactly what concentration of drugs can lead to impaired driving.
Blood Test
While a DUI Blood Test cannot be taken forcibly, in the instance of a DUI involving drugs, it is very similar to that of a DUI Breath Test in the situation of a DUI involving alcohol. A DUI Blood Test is taken from an individual who is believed to be driving under the influence of drugs. Essentially a Blood Test is better able to detect if/what drugs are in a person’s system than a Breath Test.
Once submitting to taking a DUI Blood Test, the sample taken is screened for any drugs that may be in the blood. While the tests don’t often go in-depth into the concertation levels of the drugs detected, they are able to detect which specific drugs are present.
Penalties/Consequences
A DUI involving drugs, for a first-time offender, is usually a misdemeanor. The penalties for a misdemeanor DUI involving drugs are the same as those for a misdemeanor DUI involving alcohol. These penalties can include:
- A fine (up to $1,000+)
- California DUI School
- DUI probation (3-5 years)
- Driver’s license suspension
- Jail time (possible)
Underage
The laws in place for a minor driving under the influence of drugs (DUID) are the same as those in place for minors driving under the influence of alcohol – zero tolerance. Zero tolerance laws make it illegal for anyone under the age of 21 to operate a vehicle with any amount of alcohol/drugs in their system.
Marijuana Breathalyzer
Driving under the influence of drugs, specifically marijuana, could start becoming a lot easier to detect. In Pennsylvania, a new marijuana detection breathalyzer is in the pipeline to be piloted by officers in the field. This breathalyzer will allow officers to collect breath samples in the field to then send to the lab for processing. If the 3-month pilot of the marijuana breathalyzer shows to be preventative, it won’t be long until these detection devices make their way to California and more specifically, San Diego.
San Diego
If you find yourself in the position of a DUI arrest involving drugs, in the greater San Diego area, contact a DUI specialist as soon as possible to ensure your specific situation is taken care of as efficiently as possible. Rick Mueller, California DUI Lawyers Association Specialist, is a San Diego native and has a proven track record to ensure you get the best possible outcome for your specific situation.
Driving Under the Influence of Drugs – San Diego