Experienced Legal Representation

Though DUIs most often involve alcohol, many involve drugs, either alone or in combination with alcohol. These DUID cases differ in crucial ways from DUIs that involve just alcohol and can benefit from representation by a quality attorney. My past experience as a drug enforcement prosecutor helps me craft an effective defense for my clients facing DUID charges.

California Vehicle Code 23152

Citation for DUI involves two criminal charges: California Vehicle Codes 23152 (a) and (b). Section (a) makes it "unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage or drug, to drive a vehicle.” Section (b) states that drivers are considered impaired if their blood alcohol level is 0.08% or greater.

Because the law does not specify the amount of a drug that must be present in the blood to be considered under the influence, all DUID cases fall under 23152 (a) alone. That means that conviction of a DUID requires law enforcement to present evidence that the driver's ability to safely operate a vehicle was impaired by the presence of one or more drugs.

Building an Effective Defense

I can step in immediately if you are facing DUID charges. Issues that I can argue in your defense include:

• Detection of drugs in your system does not automatically mean that you were driving under the influence. For example, marijuana can show up in blood tests up to 4 weeks after use.
• Medications, particularly when used in combination, can effect coordination and reaction time.
• Emotional distress, fatigue, and injury can all manifest as erratic behavior that looks like DUID.
• Metabolism, weight, and height influence the rate that the intoxicating effects of drugs wear off.
• The circumstances of the pull-over by police - including probable cause and Miranda warnings - can be challenged.

DUID Involves Both Legal and Illegal Drugs

Arrest for DUID can arise from impairment by both legal and illegal drugs. Law enforcement is not concerned merely with methamphetamines, marijuana, and other narcotics. Prescription and non-prescription medications such as anti-depressants, antibiotics, pain relievers, and any other drug can result in a person being cited for driving under the influence.

Free and Confidential Consultation

Call me at (916) 442-1200 for a free consultation. I will explain in clear terms the options available to you and can begin work immediately on your case.