Charges Involving Possession or Intoxication of Drugs
CVC § 23152(a) makes it illegal to drive while under the influence of a drug. Moreover, it also prohibits driving while you are addicted to a drug EVEN IF you are not under the influence at the time you drove. It is true that you may be guilty of this crime if you are under the influence of drugs which were prescribed to you by a doctor, or over the counter drugs if can be proven they affected your ability to drive.
Proof / Defenses
Proving a person violated this law is not necessarily easy. The prosecutor must show that the drug actually impaired your driving. It is often impossible for the prosecutor to prove driving impairment based upon drugs. This is especially true where the charge is based ONLY on drug use and not the combination of alcohol with a drug. In fact, many drugs actually enhance your ability to drive and in many cases all of the forensic evidence will cut in your favor.
Punishment
The punishment for driving under the influence of drugs mirror those for driving while intoxicated. For more specifics, see the section of my website for DUI punishment.
How a qualified DUI Attorney can help
The punishment for driving under the influence of drugs can be serious. You can easily lose your driving privileges AND your car may be impounded for a month. You will need a qualified lawyer to evaluate the merits of your case, determine your best course of action, and assist you with your license suspension and/or car impoundment. Don’t risk it all. If you have been citied or arrested for driving under the influence of drugs I will gladly give you a free evaluation of your case. I provide quality legal services at an affordable price.