Los Angeles DUID Attorney

Put 75+ Years of Experience in Your Corner

If you have been arrested for driving under the influence of drugs, you need to take your charges seriously. The penalties for drug DUI in California are severe, and a conviction can have long-lasting consequences for your personal and professional life.

At Stephen G. Rodriguez & Partners, we know what you are up against, and we are prepared to fight for you. Our Los Angeles DUID attorneys have successfully handled thousands of criminal cases, including many DUIs involving drugs. We understand the law, the legal system, and how to effectively advocate for our clients in and out of the courtroom. When you choose our firm, you can be confident that we will work hard to protect your rights and fight for the best possible outcome in your case.

Get started on your defense today by calling us at (213) 481-6811 or submitting an online contact form.

What is a Drug DUI?

California Vehicle Code Section 23152(f) VC prohibits driving under the influence of drugs. This includes driving under the influence of illegal drugs, prescription drugs, over-the-counter medications, and even certain herbal supplements. In general, you can be charged with a drug DUI if you take any substance that impairs your ability to drive safely, including substances that are legal to take.

It is important to note that you can be charged with drug DUI even if you are not actually impaired. This is because, in California, you can be charged with DUI if you have any detectable amount of drugs in your system. This is known as a “per se” DUI. The only exception is for drivers who have a valid prescription for a medication and are taking it as prescribed. Even in these cases, however, the driver can still be charged with DUI if they are “impaired to an appreciable degree.”

Drug DUI vs. Alcohol DUI

Under California law, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. If you are caught driving with a BAC at or above this level, you can be charged with a “per se” DUI. A per se DUI is a DUI that is based solely on the driver's BAC, regardless of whether or not they are actually impaired. In other words, if you have a BAC of 0.08% or higher, you can be charged with DUI even if you are driving perfectly safely.

However, if your BAC is less than 0.08%, you can still be charged with a DUI if the arresting officer determines that you are impaired to an appreciable degree. This is a subjective determination that is based on the officer's observations of your driving, your physical appearance, and your performance on field sobriety tests. The officer may also consider other evidence, such as the presence of drugs in your vehicle or your performance on a chemical test.

Unlike alcohol DUIs, DUIDs are always based on the driver's impairment. If you are driving with any detectable amount of drugs in your system, you can be charged with a DUID, regardless of whether or not you are actually impaired. This is true even if you are taking the medication as prescribed and are not experiencing any side effects.

Because DUID are always based on impairment, the prosecution will have the burden of proving that you were, in fact, impaired at the time of your arrest. This can be difficult to prove, especially if you are taking a medication as prescribed by your doctor.

What Is the Penalty for Drug DUI?

If you are convicted of drug DUI in California, you may face the following penalties:

• Fines, fees, and court costs
• Probation
• Drug and/or alcohol education programs
• License suspension
• Community service
• Ignition interlock device (IID) installation
• Vehicle impoundment
• Increased auto insurance rates

If you have one or more prior DUI convictions, you will face more severe penalties. You may also face additional charges, such as “wet reckless,” if you are caught driving under the influence of drugs. A wet reckless is a reduced charge that is similar to a regular DUI. If you are charged with a wet reckless, you should consult with an experienced DUI attorney as soon as possible. Our team can review your case, explain your legal options, and help you make an informed decision about how to proceed.

How to Fight a DUID Charge

Just because you have been arrested for DUID does not mean that you will be convicted. In fact, there are many effective defense strategies that can be used to challenge the evidence and fight the charges against you.

Some of the most common defenses to drug DUI include:

• The officer did not have probable cause to stop your vehicle
• The officer did not have probable cause to arrest you for drug DUI
• The officer did not properly administer the chemical test
• The officer did not have a valid search warrant for your blood
• The blood test results were not accurate
• You were not impaired to an appreciable degree
• You were taking the medication as prescribed
• You were not driving the vehicle
• You were not advised of your right to refuse the chemical test
• The officer failed to read you your Miranda rights

At Stephen G. Rodriguez & Partners, we know how to challenge the evidence in DUID cases, and we know how to fight for you in court. When you choose our firm, we will conduct a thorough investigation into your case, review all available evidence, and build a defense strategy that is tailored to your unique situation. Our attorneys are skilled negotiators and trial lawyers who are not afraid to take on the prosecution.

Don't wait to get the legal help you need. Call our firm at (213) 481-6811 or online today to schedule a confidential consultation.