DUID is a more prevalent crime in California than one may think. Much like drunk driving, being convicted of DUID can subject you to significant consequences, including long incarceration periods, heavy fines, and lengthy suspensions of your driver's license. However, understanding what to expect when you face arrest and charges can help you handle the situation more calmly. Consult a DUI defense attorney as soon as you're arrested to improve your chances of avoiding severe consequences. This blog explains everything you should know about California DUID charges.

What California DUID Law Prohibits

In California, DUID is prohibited under Vehicle Code (VC) 23152(f). This law states that it is a crime to drive while intoxicated with drugs. It describes a drug as any substance or mixture of substances that is not alcohol that can impact a person's muscles, brain, or nervous system and that would considerably impair their capability to operate a vehicle, as any cautious individual with all their faculties and exercising reasonable caution would in similar circumstances.

Any type of drug capable of impairing your ability to operate a vehicle is covered under VC 23152(f) and VC 23152(g). This includes

  • Legal drugs like marijuana
  • Illegal drugs like meth, heroin, ecstasy, LSD, and cocaine
  • Prescription drugs (even when they do not make a person high), including oxycodone, OxyContin, Vicodin, and Ambien
  • Over-the-counter drugs such as cold medicines, sleeping pills, and allergy medication, such as antihistamines.

All that counts is that the drug involved impaired your capability to operate a vehicle safely as a sober person would. You can't claim that you had permission to use the drug or that you needed it for your health.

In addition to VC 23152(f), DUID is also prohibited under VC 23152(g). VC 23152(g) criminalizes driving while intoxicated with both drugs and alcohol.

There Is No Stipulated Limit for Narcotics In DUID Cases

In DUID cases, there is no stipulated per se limit for narcotic concentration, unlike the legal alcohol limit of 0.08% BAC (blood alcohol content) set for DUI of alcohol. That is because drug experts have yet to agree on what level of narcotics in the system makes a person overly impaired in operating their vehicle. Therefore, VC 23152(f) and (g) simply prohibit driving with any quantity of narcotics in your urine or blood that diminishes your capability to drive cautiously. Thus, it is legal to drive a vehicle with narcotics in your bloodstream if those drugs do not impair your driving.

At traffic stops, law enforcement officers assess drivers’ impairment by administering FSTs (field sobriety tests) and observing their behavior. California law differs from laws of states such as Ohio and Illinois, which criminalize drivers operating an auto with specific amounts of narcotics in their system, even if they are being cautious and do not seem high.

How DUID Investigation Happens

Since there is no stipulated legal limit for drugs, law enforcement has considerable discretion regarding when they can make DUID arrests. A police officer can place you under arrest even at the slightest suspicion that you are intoxicated with drugs.

Generally, DUID investigations start with a traffic stop. Once a police officer observes you and you appear impaired, they will commence a DUI-related investigation. During this investigation, the police officer might:

  • Ask you questions regarding your drinking or narcotics use
  • Ask you to submit to one or several FSTs
  • Ask you to undergo a PAS (preliminary alcohol screening) test.
  • Look for visible intoxication symptoms, such as constricted or dilated pupils
  • Check for the presence of any drug paraphernalia or drugs in the motor vehicle

If your BAC is under the stipulated limit but you still appear intoxicated, the police officer might suspect narcotics use. They may then contact a DRE (drug recognition expert) to come and evaluate you. The officer might also ask you to undergo mouth swab testing to see whether there are narcotics in your system.

A DRE is an officer with distinctive training that helps them identify when a person is intoxicated with drugs. Not all counties in California have DREs. Therefore, a motorist suspected of driving under the influence of drugs might or might not undergo a DRE assessment.

Once the drug recognition expert assumes control of the investigation, they will conduct a twelve-step assessment that includes the following:

  • Confirming that your BAC does not indicate alcohol impairment
  • Checking your physical symptoms, such as pulse rate, pupil size, muscle tone (certain narcotics can make muscles flaccid or rigid), traces of narcotics in the nostrils or mouth, and track marks on potential injection sites.
  • Interviewing the police who arrested you
  • Readministering FSTs
  • Asking you about narcotics use and observing your behavior
  • Performing an eye-tracking examination to check for involuntary eye jerking that may indicate drug use.
  • Asking you to undergo DUI blood testing or urine testing. Note that a saliva test cannot detect narcotics use.

The DRE's assessment ideally happens in a properly lit and controlled area, such as a police station or sheriff's department. This enables a better assessment than when the investigation of a DUI for alcohol occurs on the side of the road. After the evaluation, the DRE then determines whether narcotics use is the reason for your impairment. If that is the case, they will also determine what drug it may be.

Note that you have certain rights during DUID investigations. For example, you are under no obligation to respond to their questions or submit to any FSTs. You can always invoke your 5th Amendment right to avoid incriminating yourself. If you have not been legally arrested, you will face no consequences for refusing chemical testing, except if you are under 21 or on DUI probation.

The Arrest

If the DRE believes probable cause exists for a legal DUI arrest, a police officer can legally arrest you. Unlike what many people think, the arresting officer does not always need to read you your Miranda rights. The officer will read you your Miranda rights only when you are detained and cannot leave, and when the officer wants to ask you questions meant to draw incriminating responses. Examples of these questions are

  • What narcotics did you do tonight?
  • What quantity of the narcotics did you consume?
  • Were you high when you drove?

Note that a police officer does not have to read your Miranda rights when asking these same incriminating questions during a DUID investigation.

Usually, when a person is placed under arrest for a DUI, they have the choice to undergo either DUI breath or blood testing. If you are already under arrest, you may not decline to undergo chemical testing. You must undergo evidentiary chemical testing even if you have already submitted to PAS testing on a breathalyzer. Declining to undergo chemical testing will subject you to consequences, including automatic driver's license suspension.

How Blood Tests Are Used In DUID Cases

After you have been arrested for suspected DUID, your blood sample will be subject to blood toxicology screening. The screening lists the type of narcotic detected in your system. Generally, screening does not disclose the concentration level of the detected drug. It merely indicates whether you have tested negative or positive for the presence of drugs.

If you test positive for a drug or several drugs, the laboratory can conduct a quantitative analysis to identify the quantity of the drug or drugs in your bloodstream.

Although the results of a blood test are inconclusive, a prosecuting attorney, with help from an expert witness and DRE, can still utilize them to prove the following:

  • You had drugs in your bloodstream
  • The amount of the drug present in your system
  • In certain instances, the time range for when you may have consumed the drug

However, because none of the above is used as conclusive evidence as far as impairment is concerned, the D.A. will often rely so much on the arresting officer’s observations, the DRE’s observations, and expert witnesses’ testimony.

DUID Consequences Can Be Life-Changing

DUID carries similar consequences as DUI of alcohol, and it is also considered a priorable offense. DUID is generally deemed a misdemeanor under California law. It is generally only deemed a felony when:

  • The accused person has a past conviction for a felony DUI
  • It is the accused person's fourth, fifth, or subsequent DUI violation
  • Someone died or suffered severe injuries due to the accused person's DUID

Most counties do not impose jail time on a first-offense DUID if there was no injury to another person. Rather, the consequences if convicted of DUID for the first time will include the following:

  • 3-5 years of misdemeanor probation
  • A fine of at least $390 (this fine could go up to around $1,800 after penalty and assessment costs are added)
  • A suspension of your driver's license for a minimum of six months
  • At least three months of drug education, called DUI school
  • In counties that impose jail time, you may be subject to a maximum of 6 months in jail

The consequences for second and third DUID offenses generally include fines, DUI school, probation, and a jail term. You will also be subject to a longer suspension of your driver's license and a mandatory minimum jail term that is generally enhanced with every subsequent DUI conviction.

A fourth-offense DUID is considered a wobbler, meaning the prosecution could charge you with either a misdemeanor or a felony. Based on the particular charges and your criminal record (if any), the consequences for a felony DUID can include the following:

  • Sixteen months to four years of a prison or jail sentence
  • A fine ranging between $1,000 and $5,000
  • Suspension of your driving privilege for a minimum of 12 months
  • In certain cases, the judge may impose formal probation instead of all or some of the prison or jail time.

Also, recall that DUI arrests trigger two cases: the DMV administrative case and the criminal case. If your blood test results indicate a legal BAC limit, the DMV will not suspend your driver's license. However, if you are eventually found criminally liable for DUID, the DMV will suspend your driving privilege.

The consequences of a DUID conviction in California can vary significantly depending on the factors judges consider when sentencing. These factors can include the following:

  • The accused person's criminal record, including prior wet reckless or DUI convictions.
  • The facts surrounding the crime
  • Whether someone was injured
  • Whether the accused person would benefit from a drug treatment or counseling program

If you refuse to undergo chemical testing for DUID, you will be subject to these consequences:

  • Automatic driver's license suspension by the DMV for a minimum of 12 months
  • Mandatory jail time for at least forty-eight hours, even if you are not found guilty of DUID

Drug Diversion Is Not Available for DUI-of-Drugs Defendants

People accused of DUID do not qualify for California drug diversion programs. However, a skilled DUI defense lawyer may successfully convince the prosecution and judge to dismiss the DUID accusations. Instead of a drug diversion program, the accused person would plead guilty to HSC 11550, being under the influence of a drug. This would enable a first-time drug offender to enroll in a diversion program, including:

  • Prop 35 drug diversion (applies to nonviolent offenders)
  • Penal Code 1000 drug diversion (applies to simple possession)
  • California drug court

These diversion programs enable an accused person to enroll in a pre-trial counseling and education program. If the accused completes the program in which they enrolled, the court dismisses the charges against them.

The benefit of this approach is that you will have no conviction on their record. However, the disadvantage is that HSC 11550 attracts a maximum jail sentence of 12 months. So, if you do not complete the program in which you enrolled, the court could impose this lengthier sentence.

You Can Challenge DUID Charges By Raising Various Defenses

Being charged with DUID does not automatically mean you will be convicted and sentenced. Several defenses can help you challenge your case. Successfully arguing these defenses with the help of a DUI defense attorney can lead to the judge dismissing your case or a not-guilty verdict. DUID defenses are divided into two categories: general DUI defense strategies and DUID-specific defenses. Some of the general DUI defense strategies applicable to DUID are the following:

  • You were not appropriately advised of your Miranda rights before interrogation.
  • Law enforcement did not have probable cause to start a DUI investigation or traffic stop.
  • The officers did not comply with Title 17 Code of Regulations procedures for drawing, analyzing, and storing urine and blood samples.

Certain legal defense strategies can only apply to DUID cases. Of these defenses, the most compelling one is that the fact that you have narcotics in your bloodstream does not automatically mean you are intoxicated. No scientific connection exists between the amount of a narcotic in a person's bloodstream and their impairment.

Narcotics affect some people more than others. Also, with time, drug users become tolerant to the narcotics they use regularly. This leads to the odd outcome that individuals who use more narcotics are less likely to become impaired by the narcotics in their bloodstream than casual drug users.

Other specific DUID defenses are the following:

The Drug Detection Window

The drug detection window refers to the period during which a narcotic can be discovered in a person's urine or blood after ingestion or use. Generally, the detection period is longer than the period during which a person remains high. Several factors can affect the exact duration of drug detection. These include weight, height, metabolism, tolerance, method of drug ingestion, and history of consumption of narcotics.

All of the mentioned factors impact the period a person will be intoxicated with a narcotic and the amount of time the drug will stay in their system.

Some Conditions Mimic Narcotic Impairment

Numerous physical and medical conditions can mimic drug dealer impairment signs. Common factors that can cause similar symptoms to being high are fatigue or lack of or inadequate sleep, sickness, allergies, injury, diabetic ketoacidosis, nervousness, and anxiety. None of these conditions has anything to do with narcotic impairment.

Sometimes, The Results of Chemical Tests Can Be False

Even when your DUI urine or blood test results indicate positive for narcotics, it does not necessarily mean they are correct. Chemical tests under VC 23152(g) and (f) cases might be inaccurate due to the following:

  • Improperly collected blood sample
  • Contaminated testing equipment
  • Improper sample storage
  • Improper sample handling

Find an Experienced DUI Defense Lawyer Near Me

It is essential to recall that just because you have been charged with DUID does not mean you are guilty. A knowledgeable DUID defense lawyer can contest the allegations and the prosecution's determination that you were intoxicated with drugs and impaired when you drove. Even though some officers have special training to identify an intoxicated driver, many officers do not have proper training to determine whether a person is actually drug-impaired.

At Los Angeles Criminal Lawyer, we will do everything we can to challenge the accusations against you and help resolve your case. We will use our extensive knowledge of DUI laws and the court system to obtain the most favorable outcome for your case. Contact us today at 310-502-1314 to set up your free, confidential consultation.