Driving Under the Influence of Drugs (DUID)

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.

Dealing with Sobriety Checkpoints and Roadblocks

Whether or not you have had a drink and could possibly be near the legal limit of .08% BAC, you do have certain rights you may choose to exercise your rights and limit your participation in a sobriety roadblock or DUI checkpoint.

1. You DO have the right to avoid the drunk driving checkpoint and turn around. By law, the police are supposed to provide a safe turn out area for drivers who choose to not go through. Often times, there is an extra cop parked in a squad car or on a motorcycle who can go after you and ask why you avoided the roadblock. Is this probable cause? Did you do something wrong or illegal? DON'T MAKE AN ILLEGAL UTURN.

2. For adult drivers 21 years and over: You do NOT have to perform any field sobriety tests, nor blow into a handheld breathalyzer. The roadside gymnastics are completely voluntary, regardless of whether you're asked or just ordered to start doing the leg and pen and tricks. Drivers under 21 years of age, considered minors as far as drinking, do have to submit to roadside tests under California's Zero Tolerance laws.

3. When you stop at the designated check, the police officer's first goal is to smell your breath and look at your eyes, so he or she will want the window rolled down so they can get close to your face. You do have the option of leaving the driver's side window rolled up three quarters of the way, which will leave enough room for you to hand the officer your drivers license, registration, and proof of insurance. The officer will be watching your motor skills, alertness, and coordination while asking you questions and requesting your license, etc. If it appears you can't do two things at once, answer the questions while retrieving registration from the glove box, etc., you will arouse the officer's suspicion. They will probably ask you to roll down the window, if you don't comply, they will probably ask you to proceed to the secondary inspection area, where you'll be asked to step out of the car.

4. Once requested to exit the car, you'll need to do so. Be sure and be polite and respectful, but don't answer any questions other than those required by law. you must identify yourself ( provided by your drivers license info ), confirm your current address, provide registration, and proof of insurance. Any additional questions you can decline to answer by saying "I choose to not participate except as required by law", or "I would like to speak to an attorney if I'm going to be questioned", or "I choose to not answer questions", "am I free to leave?", "Would you like to see my driver's license again?", again, "am I free to leave now?" or "have I answered the questions required by law?".