During a traffic stop with law enforcement officers, they could suspect drug use. They may then subject you to multiple tests, which lead to your arrest for Driving Under the Influence of Drugs (DUID). What happens next? What are your rights? What options do you have to defend yourself against these charges?

The standards for DUID charges differ from those of alcohol-related DUI cases because a specific BAC threshold does not exist for DUID. A DUID conviction leads to multiple severe penalties, such as license suspension, imprisonment, fines, and drug education requirements, although being charged does not prove your guilt.

Your defense for a California DUID charge requires an experienced DUI attorney. At San Diego DUI Attorney, we dedicate our practice to defending drug-related driving under-influence cases and implementing aggressive defense strategies to safeguard your rights.

Meaning of Driving Under The Influence Of Drugs (“DUID”)

Any drug that impairs your driving safety qualifies you for a Driving Under the Influence of Drugs (DUID) charge according to California Vehicle Code 23152(f) & (g). The California VC 23152(f) & (g) prohibits drivers from operating vehicles under the influence of a drug or an alcohol-drug mixture.

The determination of DUID cases depends mainly on the arresting officer's observations and Drug Recognition Expert (DRE) assessments since there is no specific blood alcohol concentration threshold like alcohol-related DUIs. The prosecution needs evidence showing that the substance in your body severely removed your mental or physical abilities to the extent that you could not drive like a sober person.

California’s Law Definition of A “Drug”

California defines drugs through an extensive definition that includes a wide range of substances. Under California VC 23152(f), it consists of any substance except alcohol that affects your nervous system, brain, or muscles to impair driving ability, like a sober person. The definition extends to include illegal drugs and both prescription medications and over-the-counter drugs.

The following substances are among those that may trigger DUID charges:

  • Prohibited Substances. Drugs like methamphetamine, heroin, and cocaine have established reputations for causing impairment.

  • Prescription Medications. Your doctor-prescribed medications may cause impairment that can lead to DUID charges. Opioid painkillers OxyContin and Vicodin, together with anti-anxiety drugs Xanax and sleep medication Ambien, create drowsiness, delay reaction times, and reduce judgment abilities.

  • Over-the-Counter Medications. Many drugs that patients can purchase without medical approval at pharmacies will reduce driving abilities. The antihistamines in cold and allergy drugs, cough syrups, and muscle relaxants create drowsiness and dizziness, reducing your driving safety.

  • Marijuana. The law allows medical and recreational marijuana usage, yet driving under marijuana influence remains illegal. The effects of marijuana on motor skills, judgment ability, and reaction times make driving unsafe for individuals under its influence.

Is There A “Legal Limit” For Drugs And Driving?

The legal system of California lacks a standardized blood alcohol content threshold for determining drug-impaired driving offenses that exist in alcohol-related DUI cases. The absence of clear legal standards regarding drug impairment creates complicated DUID cases that prove difficult to defend. The legal requirements do not demand police officers or prosecutors to show exact drug levels in your bloodstream. The prosecution must demonstrate that the substance you were using, either legally or illegally, made it unsafe for you to drive.

The individual effects of different drugs make it impossible to establish one universal drug limit. Different drivers respond differently to small doses of prescribed sedatives because some develop tolerance, which enables them to drive normally. The inconsistent way drugs affect individuals requires police officers and Drug Recognition Experts (DREs) to use their observations as the main factor in determining driver impairment.

California uses blood and urine testing to identify drugs, but individual test results cannot establish drug impairment conclusively. Some drugs, including marijuana, remain in the bloodstream longer than alcohol because their elimination time spans from days to weeks. The drug's impaired effects may disappear while the driver remains under the influence, which leads to unjust DUID charges.

California DUID cases primarily depend on circumstantial evidence since no established legal threshold exists. To build their case, prosecutors examine three main elements: unusual driving patterns combined with observable intoxication signs and the results from field sobriety tests. The observations used by prosecutors in DUID cases remain subjective and prone to errors, which requires close examination of their evidence.

How Do DUI Arrests Typically Happen?

Getting arrested for driving under the influence occurs without random events. The constant lookout for drunk driving by police officers triggers their attention through any minor traffic violation or driving irregularity.

The arrest process begins after police stop a vehicle during routine traffic enforcement or conduct a DUI checkpoint operation. A traffic violation such as swerving, speeding, or failing to signal lane changes will lead to a traffic stop by officers, but they will immediately investigate signs of impairment.

A police officer starts their evaluation of your driving behavior, speech patterns, and physical appearance after they approach your vehicle. Any combination of slurred words combined with bloodshot eyes, delayed responses, and the faint smell of marijuana will make officers suspect impairment.

The officer will request you to exit your vehicle when they suspect drug influence and will perform field sobriety tests. The tests police officers administer to evaluate coordination, balance, and cognitive function remain highly dependent on their judgment. How an officer interprets your performance depends on multiple factors, including your state of nerves and fatigue and unrelated medical conditions.

Drug Recognition Experts (DREs) serve as additional personnel who can be summoned to assist with drug testing at the accident site. Drug impairment identification requires specialized training from these officers, although their conclusions remain imperfect. The drug assessment consists of measuring your heart rate and pupil dilation together with muscle tone evaluation while the officer asks about your drug consumption history.

A chemical test consisting of blood or urine analysis will be requested from you by the officer after he determines you are impaired. Refusing a test leads to automatic license suspension because California has an implied consent law.

Who Is A Drug Recognition Expert?

Law enforcement officers use Drug Recognition Experts (DREs) to evaluate potential drug-impaired driving cases because they suspect drug influence. A DRE is specially trained to identify drug-induced physical changes and behavioral patterns. The evaluations conducted by DREs are critical in DUID investigations, yet they remain imperfect.

The Drug Evaluation and Classification Program (DECP) provides extensive training to DREs in identifying substance-induced impairment through its certification program. The training curriculum for these officers includes learning to detect the physical signs that correspond to stimulants, depressants, hallucinogens, narcotics, and cannabis drugs. DREs receive training to evaluate their physical state, behavioral responses, and cognitive functions by following a step-by-step evaluation system.

The 12-Step Drug Impairment Evaluation

DREs perform the 12-step drug impairment evaluation as a systematic procedure to identify driver drug impairment and determine which drug category is involved. Drugs and driving under the influence investigations depend on multiple subjective assessments as well as medical testing and laboratory reports because breathalyzers are not used in these cases. The DRE protocol exists to systematically eliminate medical causes and evaluate drug impairment while establishing sufficient grounds for DUID arrest.

The drug-related investigation procedure starts immediately after an officer detects possible drug intoxication in a driver. The arresting officer lacking DRE certification will request a DRE with the required certification to perform the evaluation. The comprehensive assessment occurs at police stations, DUI processing centers, and medical facilities where officers control examination conditions. Here’s how the process unfolds:

  1. Breath Alcohol Test

The officer will start drug impairment testing when the measured BAC does not match the observed level of impairment.

  1. Interview with the Arresting Officer

The DRE obtains information from the first officer who conducted the traffic stop. The DRE evaluates your driving conduct, responses during the stop, speech patterns, coordination abilities, and recorded statements. The gathered information allows the DRE to create an evaluation foundation while offering crucial background to their investigation.

  1. Preliminary Examination and First Pulse Check

The DRE performs medical tests to eliminate any medical causes apart from drug impairment at this point of evaluation. During the examination, the officer checks your behavior, coordination, and ability to follow instructions. The first pulse rate measurement occurs because particular drugs can substantially affect your heart rate. The DRE will ask for medical help when they believe the impairment stems from a medical condition instead of drug use before considering a DUID charge.

  1. Eye Examination

Drug impairment leaves visible signs that can be detected through eye examination. The DRE performs three tests during the assessment to check involuntary eye movements. The tests are:

  1. Horizontal Gaze Nystagmus (HGN) – The officer uses a pen or flashlight to monitor your eye movements as you track their side-to-side motion. Your eyes jerking without control during these tests signals possible drug impairment from depressants, inhalants, or dissociative anesthetics, including PCP.

  2. Vertical Gaze Nystagmus (VGN) – The VGN test resembles HGN by performing movements in an upward direction.

  3. Lack of Convergence – The officer will request that you track an item approaching your nose. A failure of your eyes to properly move inward indicates possible use of cannabis, depressants, or inhalants.

  1. Divided Attention Field Sobriety Tests

Standardized tests from the DRE evaluate subjects' balance abilities, coordination skills, and capacity to focus on multiple tasks at once. These include:

    • Walk-and-Turn Test: You walk heel-to-toe along a straight line, then turn and return the same way after receiving exact instructions.

    • One-Leg Stand Test: You stand on one foot while counting numbers out loud.

    • Modified Romberg Balance Test: You tilt your head back while keeping your eyes shut to estimate 30 seconds. Any loss of balance combined with incorrect time estimation could signal impairment.

  1. Vital Signs Check and Second Pulse Reading

The DRE device records your blood pressure and body temperature and performs a second pulse measurement. The physiological effects of stimulants and hallucinogens produce elevated vital signs, yet depressants and opioids result in lowered vital signs.

  1. Dark Room Eye Examination

Examining your pupils occurs in three distinct lighting environments, starting with room illumination, total darkness, and ending with direct light exposure to evaluate their drug reaction. The size and responsiveness of your pupils reveal essential information about the drug category affecting your system.

  • The use of stimulants, together with hallucinogens and cannabis, leads to pupil enlargement.

  • Narcotic analgesics known as opioids cause your pupils to become smaller in size.

  • The effects of depressants, along with inhalants and dissociative anesthetics, are challenging to detect by observers.

  1. Muscle Tone Examination

Certain drugs affect muscle tone. The DRE examines you by touching your arms and legs to determine if your muscles show flaccid, rigid, or normal responses.

  • Stimulants, together with hallucinogens, lead to muscle rigidity and increased tension.

  • Drugs belonging to the depressant, opioid, and inhalant categories result in muscle relaxation, leading to flaccid or loose muscle states.

  • Unusual muscle stiffness, together with unpredictable drug responses, are common side effects of PCP and dissociative drug use.

  1. Check for Injection Sites and Third Pulse Reading

The DRE looks for track marks and fresh puncture wounds on your arms, hands, and neck to determine if you have recently used intravenous drugs. The DRE conducts a third pulse reading to track any time-based changes showing specific drug presence in your body.

  1. Subject’s Statements and Observations

The officer will ask you multiple questions about your current activities, medical history, and drug use. Your right to silence exists, and any statement you make becomes usable evidence for prosecution. During the assessment, the officer will evaluate your mannerisms, speech, and physical coordination.

  1. Opinion of the DRE

The DRE uses all gathered evidence to form their official conclusion about impairment status and drug category identification. The expert opinion stands as an essential element in DUI drug cases even though it lacks legal authority.

  1. Toxicological Testing

The last step of the procedure requires obtaining biological samples from blood or urine tests. Most states lack, per se, legal thresholds for drug impairment, which enables them to prosecute DUI offenses even when only minimal amounts of controlled substances are detected in driver systems. A toxicology report that shows the presence of the drug category under investigation gives more weight to the prosecution's criminal case.

Legal Defenses a California DUID

General DUI Defenses

The defenses you can use for DUI cases target both improper procedures and violations of your rights and problems with evidence presented by the prosecution.

You can question the legitimacy of the initial traffic stop. Police officers need to demonstrate valid reasons before they can stop a vehicle. Any evidence obtained after an illegal traffic stop will not be admitted in court because the officer did not have sufficient cause, like moving violations or erratic driving behavior.

Another defense involves contesting the observations made by the officer. Police officers need to demonstrate valid reasons before they can stop a vehicle. Any evidence obtained after an illegal traffic stop will not be admitted in court because the officer did not have sufficient cause, like moving violations or erratic driving behavior.

You can also contest the observations made by the officer. Subjective elements form the basis of many DUI arrests when police officers declare observations about bloodshot eyes, slurred speech, and an unsteady gait. Multiple elements, such as fatigue, allergies, medical conditions, or stress, can create the symptoms officers observe.

Field sobriety tests contain significant flaws because they depend on physical coordination and balance, which non-drug-related medical conditions and other factors can influence. Your attorney can use outside influences such as subpar visibility and unlevel surfaces and your anxiety levels and footwear choice to explain your test failure.

Defenses That Are Specific To DUID

The prosecution of drug-related DUI cases becomes more challenging because there are no well-defined legal limits to measure drug impairment levels. Drug test interpretations and drug impairment assessments become vulnerable to specific legal defenses when drug-related DUI cases lack clear legal limits.

Your lawyer can question the validity of drug recognition expert (DRE) evaluations. A DRE's evaluation depends on their judgment, which may be affected by their biases, inadequate training, or incorrect symptom analysis. The attorney can identify methodological weaknesses in their approach to demonstrate that their scientific findings amount to little more than speculative assumptions.

Your system containing drugs does not necessarily indicate you were driving under the influence of impairment. The legal limit for alcohol consumption at 0.08% blood alcohol concentration does not exist for drug metabolites that stay in your body for extended periods after drug use. A drug test can reveal THC even though its psychological effects have already disappeared from your system. Your legal representative will make the case that the detected drug did not affect your driving ability even though it remained in your body.

Your lawyer can argue that you were taking your prescription medicine according to the doctor's instructions; hence, you were not impaired. Blood tests show legal drugs such as painkillers and anti-anxiety medications, yet this discovery does not prove they caused any impairment.

Your lawyer can investigate and prove errors in the chain of custody procedures. The analysis of blood samples requires correct specimen collection and proper storage methods to generate reliable test results. The reliability of test results becomes questionable when your attorney shows that improper sample handling, contamination, or incorrect storage methods occurred.

The Importance Of A “Blood Split” in DUID Defense

You have the right to request law enforcement to set aside blood sample portions for independent laboratory testing by your chosen facility. The split blood sample lets your defense team check the accuracy of the initial test results, enabling them to dispute the prosecution's evidence.

Independent testing helps identify mistakes in initial analysis through methods that show improper testing equipment calibration, substance misidentification, and testing equipment contamination.

The analysis conducted by laboratory technicians might locate only inactive drug metabolites, which prove your sobriety when police arrest you. For court purposes, your attorney can use independent lab findings that differ from the prosecution evidence to demonstrate the test results' unreliability.

Blood test results are the essential foundation of prosecution, but their damage or corruption makes the entire case fall apart. The power to challenge chemical testing through blood split analysis provides strong evidence that may result in reduced charges or dismissal of the case or even lead to acquittal.

Sentencing and Penalties

Consequences Of A First DUI In California

The penalty includes:

  • Fines range from $390 to $1,000, including court fees, penalty assessments, and administrative costs.

  • Probation instead of incarceration for first-time offenders.

  • A jail sentence not exceeding six months.

  • Mandatory driver's license suspension. The California Department of Motor Vehicles (DMV) will temporarily revoke your driving privileges for six months. A restricted license might be available to you that enables driving for specific purposes, including work commutes and court-mandated treatment sessions.

  • Completion of drug education, which spans between three and nine months.

Punishment For A Subsequent DUI Drug Conviction

A second DUID conviction leads to a mandatory 96-hour jail term extending to a maximum of one year in jail. The court can permit you to perform your sentence through house arrest or work-release programs.

When you receive your third or fourth DUID conviction, the likelihood of jail time increases, while a fourth offense might result in felony charges. The initial penalty amount starts at $390 and extends to $1,000

You are responsible for paying the costs to install an ignition interlock device (IID) on your vehicle.

A two-year driver’s license suspension occurs after a third offense, resulting in a three-year suspension. The state will permanently remove your driving privileges after receiving your fourth DUID conviction within ten years.

The offender must complete a drug education program extending to 30 months.

Felony DUID Punishment

Either of the following conditions will transform a DUI offense into a felony according to California law:

  • You have accumulated four DUI offenses in the last ten years

  • Your actions during the accident led to severe injuries or fatalities

  • A felony DUI conviction exists as one of your previous convictions

A prison term between 16 months and four years will be imposed upon you if you receive a conviction. A sentence can increase when injuries occur during a DUI-related accident because California has specific laws regarding DUI-causing injury cases.

Your impaired driving can lead to vehicular manslaughter or second-degree murder charges if you kill someone during your impaired state.

A fine of up to $5,000, a five-year driver’s license revocation, and mandatory completion of an 18- or 30-month DUI school. The court will expect you to use an IID and attend scheduled probation meetings in addition to the device installation requirement.

Find A DUI Attorney Near Me

A DUI with drug or prescription conviction could result in jail time, probation, and fines. A criminal record negatively impacts employment opportunities, professional licenses, and public image. A skilled DUI attorney can explain your rights while developing a solid defense strategy to achieve the most favorable outcome. If facing a DUID charge, you should seek legal counsel because quality defense representation can transform severe punishments into better case outcomes.

At San Diego DUI Attorney, we protect your rights while providing expert guidance and defense for California DUID charges. Our team possesses the required expertise to manage complex cases while dedicating ourselves to securing you the most favorable outcome. Contact our office at 619-535-7150 to start building a solid defense strategy.