Drug DUI / DUID Attorney Serving Rancho Cucamonga and La Verne
DUI Charges Can Involve More Than Alcohol
Driving under the influence charges are often associated with alcohol, but California DUI law also applies to drugs. A person may face a Drug DUI, commonly called a DUID, after allegedly driving while impaired by marijuana, prescription medication, over-the-counter medication, or another controlled substance. Importantly, a medication does not have to be illegal for it to become the basis of a DUI charge.
At Lucero, PC, we represent individuals accused of drug-related DUI offenses in La Verne, Pomona, Rancho Cucamonga, and throughout Southern California. Attorney Christopher Lucero understands that DUID cases can present very different issues from traditional alcohol DUI cases. We carefully examine the evidence to determine whether the prosecution can actually establish that a substance impaired our client's ability to drive safely.
California Vehicle Code Section 23152 prohibits driving while under the influence of any drug. California also prohibits driving while under the combined influence of alcohol and drugs. The California DMV specifically warns that these rules can apply to prescription and over-the-counter medications—not only illegal substances.
This means someone could potentially face a DUID charge after using legally prescribed pain medication, sleep medication, anti-anxiety medication, or another drug that affects driving ability. Marijuana can also lead to a DUI charge even though recreational cannabis use is legal for adults in California.
However, detecting a substance in someone's system is not necessarily the same as proving that the person was impaired while driving. Drug DUI cases can raise complicated questions about when a substance was consumed, its concentration, its effects on the individual, and whether the driver's behavior was actually consistent with impairment.
As a
former Southern California Deputy District Attorney, Christopher Lucero understands how prosecutors build criminal cases and evaluate evidence. We bring that perspective to each DUID case as we identify weaknesses, challenge questionable conclusions, and develop a defense based on the specific circumstances surrounding the arrest.
Call Lucero, PC at 213-668-7569 to schedule a consultation with a lawyer today.
Marijuana and Prescription Medication DUI Cases
One of the biggest differences between an alcohol DUI and many drug DUI cases is the way impairment is evaluated.
For most adult drivers, California has a defined 0.08% blood alcohol concentration threshold for alcohol. Drug impairment is often more complicated. The presence of marijuana or prescription medication may become part of the prosecution's evidence, but determining whether that substance actually impaired the driver's ability to operate a vehicle safely can require a broader examination of the circumstances.
In a marijuana DUI case, law enforcement may rely on observations such as driving behavior, physical appearance, statements made during the traffic stop, field sobriety testing, and chemical test results. Officers may also look for cannabis products or other evidence inside the vehicle.
The fact that marijuana was legally purchased or consumed does not prevent a DUI charge. California law focuses on whether the drug affected the person's ability to drive safely.
Prescription medication cases can be equally complicated. A person may have taken medication exactly as directed by a physician and still be investigated for DUID if an officer believes the medication impaired driving. The DMV specifically advises that prescription and over-the-counter medications can make a person unsafe to drive and that drivers are responsible for understanding how their medications affect them.
A valid prescription can therefore be an important part of the circumstances, but it does not automatically prevent a DUI prosecution.
Drug DUI investigations may also involve chemical testing. If an officer suspects drug impairment, a driver may be required to provide a blood test or, in certain circumstances, a urine test. California's implied-consent rules can also create serious consequences for refusing required chemical testing after a lawful DUI arrest.
The consequences of a DUID conviction can affect much more than a person's ability to drive. Depending on the circumstances and prior record, a conviction may involve probation, fines, DUI education requirements, driver's license consequences, and possible incarceration. A DUI conviction also remains on a California driving record for 10 years and may result in increased penalties if another DUI occurs during that period.
Challenging the Evidence in a Drug DUI Case
Drug DUI allegations should be evaluated based on evidence—not assumptions about marijuana use, prescription medications, or the presence of a particular substance in someone's body.
At Lucero, PC, we begin by examining the circumstances leading to the traffic stop. Did the officer have a lawful reason to stop the vehicle? What driving behavior was actually observed? What did body-camera or dash-camera footage show? Do the officer's written observations match the available video and other evidence?
We may also examine field sobriety tests and the officer's conclusions about alleged impairment. Factors such as fatigue, anxiety, medical conditions, physical limitations, road conditions, and the environment in which testing occurred can potentially affect a person's performance.
Chemical testing requires careful attention as well. Depending on the case, we may evaluate how a blood sample was collected, stored, transported, and analyzed. Laboratory procedures, chain of custody, testing methodology, timing, and the interpretation of toxicology results may all become relevant.
Another important question is whether the evidence demonstrates actual impairment at the time of driving. The presence of a drug does not always tell the complete story about how that substance affected a particular person at a particular moment.
Cases involving prescription medication can raise additional questions about dosage, timing, expected side effects, interactions with other substances, and whether the symptoms described by law enforcement are consistent with the medication involved.
Our approach is built around understanding the entire case. Christopher Lucero's experience as a former prosecutor helps us anticipate how the government may present its evidence while identifying areas that deserve closer examination or challenge.
If you have been arrested for a marijuana DUI, prescription medication DUI, or another DUID offense in La Verne, Pomona, Rancho Cucamonga, or elsewhere in Southern California, Lucero, PC
is prepared to help. We provide personalized representation, clear guidance, and a defense strategy focused on protecting your rights, driving privileges, record, and future.
Frequently Asked Questions About Drug DUI / DUID Charges in California
What is a DUID in California?
DUID stands for driving under the influence of drugs. Under California law, a driver may face a DUI charge if a drug allegedly impairs their ability to operate a vehicle safely. This can involve marijuana, prescription medication, over-the-counter medication, or illegal drugs.
Can I get a DUI for marijuana even though it is legal in California?
Yes. Although recreational marijuana is legal for adults in California, it remains illegal to drive while impaired by cannabis. Unlike alcohol, California does not use a 0.08% THC limit to determine impairment, which can make marijuana DUI cases more dependent on the totality of the evidence.
Can prescription medication lead to a DUI charge?
Yes. Having a valid prescription does not automatically prevent a DUI charge. If law enforcement believes a prescription medication impaired your ability to drive safely, you may still be arrested and prosecuted for DUID.
What types of prescription medications can result in a DUID investigation?
A variety of medications may affect driving, including certain pain medications, sleep aids, anti-anxiety medications, muscle relaxants, and other drugs that can cause drowsiness or affect coordination and judgment. Whether a particular medication caused impairment depends on the individual circumstances.
How do police determine whether someone is impaired by drugs?
Officers may consider driving behavior, physical observations, statements, field sobriety test performance, and chemical testing. In some cases, an officer trained in drug recognition may conduct an additional evaluation. These observations and conclusions can be examined as part of the defense.
Does having THC or a prescription drug in my blood prove I was impaired?
Not necessarily. Detecting a substance can establish that it was present, but the relationship between the presence or concentration of certain drugs and actual driving impairment can be more complicated. The timing of use, dosage, testing procedures, and other evidence may all be relevant.
Can blood test results in a drug DUI case be challenged?
Depending on the circumstances, yes. A defense may involve reviewing how the sample was collected, handled, stored, and analyzed, as well as the laboratory's procedures, chain of custody, testing methodology, and interpretation of the results.
What if I used marijuana hours or days before I was pulled over?
This can be an important issue in a marijuana DUI case because evidence of prior cannabis use does not necessarily establish impairment at the time you were driving. The attorney can review the toxicology evidence alongside the officer's observations and other circumstances surrounding the stop.
What are the penalties for a drug DUI in California?
A DUID can carry many of the same types of consequences as an alcohol-related DUI, including probation, fines and assessments, DUI education requirements, driver's license consequences, and possible incarceration. Penalties can become more serious when prior DUI convictions, an accident, injuries, or other aggravating circumstances are involved.
Have Questions?
Call Lucero, PC at 213-668-7569 today. Chris Lucero is available during normal working hours but also maintains a 24/7 phone availability. If you need a consultation on a weekend or evening, he can provide that for you.