Driving Under The Influence of Drugs Law

Criminal Driving Under The Influence of Drugs Lawyers

Driving Under The Influence of Drugs Law

Driving under the influence of drugs is a serious criminal offense, similar to driving under the influence of alcohol or driving while intoxicated. Drugs and alcohol alike can impair a driver's nervous system, muscle control, response time, brain function, and ultimately render a driver incapable of driving safely. According to California Vehicle Code section 23152a, it is unlawful to drive with marijuana or any illegal drug in your system at any time. Driving under the influence of drugs may even be cited if a driver has taken prescription or certain over-the-counter legal medications.

Unlike drunk driving, driving under the influence of drugs does not have a blood-alcohol level to test, so the suspect's license could not be suspended unless (s)he refuses chemical testing, is cited with a criminal drug conviction, or simultaneously has a B.A.C. of over .08%. In addition, a breath test cannot be used to determine drug use, so a blood or urine test must be used instead.

Driving Under the Influence of Drugs Legal Issues:

If drugs of any kind impair a person's ability to drive safely, or similarly, if a drug-addicted person is suffering from withdrawal symptoms that might impair his or her driving, then it is a dangerous and severe criminal offense in the state of California.

The penalties for driving under the influence of drugs are as follows:

• First offense: Up to 6 months in jail, a fine of up to $1000, license suspension for 6 months, and a requirement to enroll in a DUI program
• Second offense: Up to 1 year in jail, a fine of up to $1000, license suspension for 2 years, and a requirement to enroll in a DUI program
• Third offense: Up to 1 year in jail, a fine of up to $1000, license suspension for 3 years, a requirement to enroll in a DUI program, and an ignition interlock device will be installed in the offender's vehicle
• Forth or more offense: Up to 1 year in jail, a fine of up to $1000, license suspension for 4 years, a requirement to enroll in a DUI program, and an ignition interlock device will be installed in the offende's vehicle

If anyone is harmed in an driving under the influence of drugs, these penalties will be severely enhanced.

What a Criminal Defense Lawyer can do for you:

Because drugs work differently than alcohol in the body, it can be difficult to prove a driver was driving under the influence of drugs. An officer might not be able to tell the symptoms of drug intoxication, unless a Drug Recognition Expert is called in. Similarly, a blood or urine test might not show which drugs the driver took, or which drugs caused which symptoms. The prosecution must be able to prove that taking the drug(s), or being under the influence of the drug(s), physically caused the driver to be impaired. Otherwise, a conviction cannot be made. Some people have different intolerance levels to drugs, and thus also might not actually be impaired while driving under their influence.

These are just some of the reasons why a driving under the influence of drugs citation might not result in a conviction. An experienced criminal defense lawyer knows these facts well and will use them to your benefit if a case is opened. A criminal attorney can help you raise a proper defense and may be able to get your penalties lessened or the charges dropped completely.

Lawyer Referral Service:

It is important to choose a defense lawyer who is dedicated to defending your driving under the influence of Drugs offense. Criminal defense lawyers know the consequences of driving under the influence of drugs and can help you save your drivers' license and even dismiss your charge. Call Attorney Search Network for a criminal defense lawyer referral and get the help you need today.

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