In California, driving under the influence of drugs cases are prosecuted in much the same way as DUI cases involving alcohol. The key is whether you were physically or mentally impaired by the drug to the degree that it made you an unsafe driver. Being under the influence, whether alcohol or drugs, is defined as physical or mental impairment to the extent that you are unable to drive with the same caution characteristic of a sober person or ordinary prudence under the same or similar circumstances.
You can be charged with driving under the influence of drugs, or DUID, after ingesting a drug that is legal or illegal, prescribed or over-the-counter. Many people mistakenly believe that if a doctor prescribes a drug, they are allowed to drive while taking it. Unfortunately, this can be a mistake with rather severe consequences.
Unlike DUI alcohol cases, there is no “per se” limit involving drugs. The prosecutor will try to prove that you were driving under the influence of drugs by introducing evidence related to physical signs and symptoms, driving patterns, field sobriety test performance, and chemical test results, if available.
There are certain law-enforcement officers, called drug recognition evaluators, or DREs, who are trained to identify signs of drug use. Police may call in a DRE to evaluate you if you’re suspected of driving under the influence of drugs. DREs are supposed to follow certain protocols in their evaluations, but a skilled attorney may be able to demonstrate that the proper procedures weren’t followed, or that the supposed signs and symptoms were ambiguous and just as consistent with non-impairment as they were with impairment.
Being convicted of driving under the influence of alcohol or drugs can have serious and lifelong consequences. The first step in reducing these repercussions or eliminating them altogether is to consult with a top DUID lawyer.
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