Understanding Drug DUI in California
Under California Vehicle Code 23152(f), it is illegal to drive under the influence of any drug, including prescription medications, over-the-counter drugs, marijuana, and illegal substances. Unlike alcohol, there is no per se legal limit for drugs, which means the prosecution must prove that the drug actually impaired your ability to drive safely.
How Drug DUI Cases Are Different
The evidence may include driving observations, an officer’s evaluation, statements, and laboratory results. The presence of a drug is not the same question as impairment at the time of driving. A prescription does not excuse impaired driving. Counsel can evaluate how the evidence connects to the legal elements of the charge.
Jack’s Drug DUI Defense Strategy
Jack challenges drug DUI cases by questioning the DRE’s qualifications and methodology, challenging blood test procedures and chain of custody, presenting evidence that the drug did not impair driving ability, and demonstrating that symptoms attributed to drug use could have other explanations such as fatigue, medical conditions, or nervousness.