For motor vehicle operators in California, driving while impaired by any substance is a serious offense punishable by law. There are some distinctions between measuring the level of impairment due to the affects of drugs as opposed to alcohol that one who is facing this charge should be aware of.
According to California Vehicle Code 23152 (a), it's a crime to operate a car while impaired (or "under the influence") of alcohol or drugs of any kind. Drugs are described in the code as substances that can have an effect on a person's brain, muscle, or nervous system function.
These substances may include illegal drugs (like marijuana, cocaine, or meth), prescribed drugs (like Oxycontin, Codeine, or Vicodin), or even over the counter substances (like Nyquil, Tylenol PM, cough syrups, and others).
You are determined by the authorities to be operating a vehicle while impaired if a substance has compromised an individual's ability to the extent that he or she cannot perform like that of a sober person in a comparable situation.
In contrast to DUI offenses that involve alcohol where there is a specific legal mark for measuring an impaired adult driver's blood alcohol content (0.08 percent or higher), offenses for driving under the influence of drugs are measured on a case by case basis depending on the circumstances and the substances involved. Usually, a roadside examination is conducted by a drug recognition expert (DRE) who is trained to determine a driver's level of impairment due to the ingestion of substances other than alcohol.
Another important factor to remember is the act of driving while intoxicated is a separate offense from other punishable violations that may or may not be associated with an incident, including possession of an illegal drug (or intent to sell, if the amount of the drug possessed is over a certain amount). The offense of driving under the influence of drugs can be charged as a misdemeanor or felony in California depending on whether there are prior DUI convictions or whether the incident involved an accident resulting in injuries. Penalties include probationary discipline, fines of around $1,800 and up, license suspension, and possible jail time depending on the circumstances and your prior record. Navigating DUI drug charges can be extremely complex. If you're facing driving while under the influence of drugs charges in California, contact the knowledgeable criminal defense lawyers in Southern California at the Law Offices of Daniel Kann. Call (310) 593-2435 for a free case review today.
