Orange County Criminal Lawyers
DUI Drugs in Anaheim
While in the city of Anaheim, California Vehicle Code 23152(e) makes it illegal to drive while under the influence of drugs (DUID).
The legal definition of being under the influence is same for both alcohol and for drugs. You can be arrested for a DUID offense if your mental and physical faculties are impaired due to drugs so that you are not able to drive with reasonable care and in a prudent or sober manner. The definition of a drug ranges from marijuana, a legal drug used for recreational as well as medicinal purposes, all the way to illegal, dangerous, and highly addictive drugs, such as heroin and meth. That definition is also not limited to prescription drugs. The effects that they have on your body, such as distorted vision, drowsiness, and nausea make operating a vehicle incredibly difficult and highly dangerous for not only those inside of the vehicle but anyone surrounding them, such as pedestrians or other drivers. The chances of being involved in an accident are instantly increased.How does an officer determine a DUID arrest
The main difference between DUI alcohol and DUI drugs is that you cannot be charged with a ‘per se’ offense for a DUID because the ‘per se’ offense requires that you be tested and found having a BAC or Blood Alcohol Concentration of 0.08% or more.
However, for the DUID, apart from the blood test, the officer will use similar observations and tests as those in a DUI alcohol arrest. These observations and tests include:
- Erratic and irregular driving
- Impaired physical appearance
- Questionable conduct
- Incriminating statements and
- Performance at Standard field sobriety tests
- These standard field sobriety tests include the horizontal gaze nystagmus (HGN) test, the walk-and-turn test, and the one-leg stand test. All involve doing simple functions that a sober person would normally be able to perform under the guidance and watch of an officer.
Penalties for a DUID conviction are similar to those of DUI alcohol and include the following penalties for a misdemeanor charge:
- Probation of between 3-5 years
- A fine of up to $1,800
- Suspension of your driver license
- Imprisonment in county jail and
- Attending California DUI school
You can also be convicted of a felony charge under certain circumstances.
A common defense for a DUID is that although you had ingested some sort of drug, it did not actually impair your driving abilities. It might have been in such a low dosage that you still had the ability to drive like a sober person and not put yourself and those around you in danger. Another defense is that the officer who stopped you did not have rightful and lawful reason to pull you over. If the officer did not have probable cause to stop you in the first place, then that is a violation of your rights.
If you have been arrested for a DUID, call a DUI attorney at the Johnson Criminal Law Group immediately to represent you. Hiring one of our expert lawyers will help you avoid unnecessary penalties and legal consequences.