As with alcohol, you can be arrested for driving under the influence of drugs in San Diego and across California. Drugs, as defined by the California Vehicle Code, are not limited to illicit or illegal drugs such as cocaine but can also include prescription drugs and even some over-the-counter drugs. Driving under the influence of drugs in San Diego is a serious offense and can result in jail time. You need the help of a criminal defense lawyer who knows the law and will fight hard to get your case dismissed. Do not trust an attorney who does not dedicate their practice to DUI defense. Everything you have worked for could be lost by a DUI conviction.
Penalties for Driving Under the Influence of Drugs in San Diego
If you are convicted of DUI with drugs you could face informal probation for 3 to 5 years, fines of $390 to $1000 plus penalty assessments, jail time from 48 hours to 1 year and suspension of your driving privileges. Most DUI with drugs violations are misdemeanors but they can be charged as felonies if it is your 4th or subsequent DUI charge or if you caused injury to another person while driving under the influence. No matter what the circumstances of your case, you need to contact a qualified drunk driving defense attorney immediately after arrest.
California Vehicle Code 23152 (e)/(f)
The California Vehicle Code was recently updated to add specific counts for driving under the influence. In 2014, CVC section 23152 was amended to add the (e) and (f) subsections. Originally, CVC 23152(a) acted as a catchall stating that it was unlawful for person to drive under the influence of alcohol and/or drugs. The increase in DUI with drugs prosecutions caused the legislators to amend the vehicle code to include separate counts specifically dealing with driving under the influence of drugs.
CVC 23152 (e) it is unlawful for a person who is under the influence of any drug to drive a vehicle.
CVC 23152 (f) it is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
The most important thing to remember about these subsections is that you can be arrested for driving under the influence of any drug. This means that over-the-counter sleeping pills or even a drug prescribed by your doctor could result in an arrest. It is vital that you speak with a lawyer immediately after an arrest for driving under the influence of drugs. The definition of “under the influence” is murky to say the least. You have the right to build a defense in your case. In most DUI with drugs cases you will want a toxicologist to do a blood split and review the information that the prosecutor is using against you. Contact the DUI Defense Law Group today for a free consultation.