The section of the California Vehicle Code that governs driving under the influence of alcohol also sets the rules for driving under the influence of drugs, or DUID. But DUID cases differ from alcohol related cases in several important respects, each of which influences the defense that can be mounted against the charges.
When someone is cited for driving under the influence of alcohol, two criminal charges are filed: 23152 (a) and 23152 (b). Section (a) declares that, "It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage or drug, to drive a vehicle." Section (b) makes it illegal to drive with a blood alcohol level of 0.08 or greater.
Driving under the influence of drugs lacks the specific measure of intoxication laid out in section (b). Therefore, conviction of DUID rests solely on law enforcement's ability to demonstrate that a person's capacity to operate a vehicle safely was impaired by the presence of drugs in his or her system. In other words, all DUID cases rely solely on section (a) and its prohibition of driving under the influence of a drug.
It is important to note that DUID can arise from impairment by both legal and illegal drugs. Use of marijuana or methamphetamines can lead to arrest for DUID, but so can use of prescription and non-prescription painkillers, anti-depressants, allergy medications, antibiotics, or any other drug. Any chemical that diminishes a person's ability to safely operate a vehicle can be used as the basis for arrest and conviction for DUID.
Having a quality criminal attorney is vital when facing DUID charges. Among the issues that can be used in your defense are:
- The presence of drugs in your system does not necessarily mean that you were driving under the influence. Marijuana, for example, shows up in blood tests up to 30 days after it was used.
- Impairment may be an unintended consequence of use of legal medications, especially when used in combination.
- A person's weight, height, and metabolism can impact the speed with which the intoxicating effects of drugs, both legal and illegal, wear off.
- Fatigue, injury, and emotional distress can all cause a person to be distracted and lead to erratic driving that looks like DUID.
- The traffic stop and arrest may not have been conducted properly. Was there probable cause? Were Miranda Rights explained?
In our next post, we'll go over the role of the DRE, or Drug Recognition Expert, in DUID cases. If you have questions about DUID or any other topics covered in this blog, call the Law Office of Nancy King at 916-442-1200.
