Orange County Criminal Lawyers
DUI Drugs in Brea
If you are found to be DUI drugs in Brea, you can be arrested and convicted under California Vehicle Code 23152(e). California Vehicle Code 23152(f) makes it illegal to drive under the influence of both drugs and any alcoholic drink.
According to California law, a drug is any substance, apart from alcohol, that can affect a person's nervous system, brain or muscles. As such, it is not only hard drugs like heroin or cocaine that can get you arrested for DUI drugs, but you can also be arrested if you are under the influence of prescription drugs like Adderall or Ambien.How is a DUID Arrest Determined?
Since unlike alcohol there is no quantitative threshold like a blood alcohol concentration that can be used to define driving under the influence of drugs, an arresting officer, prosecution and court must rely on:
- The arresting officer's assessment and observations and
- The testimony of an expert witness
The arresting officer's assessment will usually be based on:
- Witnessing unsafe driving
- A sign of unsafe driving that may indicate that you are under the influence of drugs is swerving. If they see that you are failing to stay in your lane while you drive to a certain point, then they may pull you over under suspicion of drug use or intoxication. Any sort of minor traffic violation gives the police enough reason to pull you over and make sure that you are driving properly and are keeping yourself and those around you safe from any reckless behavior.
- The driver's physical appearance or
- Some symptoms that the officer might look for to indicate that you are operating a vehicle while under the influence of drugs include dilated pupils or possible injection marks on the person’s body.
- The results of a sobriety test
- Officers may also administer field sobriety tests. One example of a possible test is the horizontal gaze nystagmus, or HGN test, where the officer will closely look at the eyes of the operator of the vehicle while slowly moving object such as a flashlight or a pen. When a person is under the influence, the nystagmus, which is the uncontrolled jerking movements of the eyeball, it may appear to be more severe and excessive.
The officer may also look to see if there are any physical indicators inside of the car that may point to you being under the influence of drugs, such as any drug paraphernalia inside of the vehicle. This includes any pipes or miniature spoons with cocaine residue, for example.Penalties for a DUID Conviction
Penalties for a DUID are much like those of a DUI alcohol conviction. The punishment will also be influenced by the specific circumstances of the case, criminal history, and prior DUI convictions. Generally, you will, however, face county jail time, probation of up to 5 years, a fine, suspension of your driver's license and attending California DUI School.
If you are arrested for DUI drugs, it is important that you call a DUID defense attorney with experience in defending DUI drugs charges. Call our law firm today.