Understanding DUI of Drugs (DUID) in California

In California, driving under the influence of drugs (DUID) is a serious offense under California Vehicle Code § 23152(f). It is illegal to operate a vehicle while under the influence of any drug, including:

Marijuana (Medical & Recreational)
Illegal drugs (Cocaine, Methamphetamine, Heroin, etc.)
Prescription medications (Opioids, Sedatives, Stimulants, etc.)
Over-the-counter medications that impair driving ability

Additionally, California Vehicle Code § 23152(g) makes it illegal to drive while under the combined influence of drugs and alcohol.

If you are facing DUID charges in Rancho Cucamonga, an experienced criminal defense attorney can help protect your rights and fight for the best possible outcome.

Penalties for a Drug DUI Conviction in California

A DUID conviction carries significant legal and financial consequences. The penalties are similar to alcohol-related DUI charges and become more severe with repeat offenses.

First Offense DUID

Three to five years of probation
Up to six months in jail
Fines between $390 and $1,000
Six-month driver’s license suspension

Second Offense DUID

90 days to one year in jail
$390 to $1,000 in fines
Two-year driver’s license suspension

Third Offense DUID

120 days to one year in jail
$390 to $1,000 in fines
Three-year driver’s license suspension

Fourth or Subsequent Offense

16 months to three years in prison
$390 to $1,000 in fines
Four-year driver’s license suspension

A DUID conviction may also appear on background checks, impacting employment, housing, and professional licenses.

How Law Enforcement Detects Drugged Driving

Unlike alcohol-related DUI charges, California does not have a defined legal limit for drug impairment. Instead, law enforcement relies on several methods to determine if a driver is under the influence:

Field Sobriety Tests (FSTs)

Officers may conduct balance, coordination, and cognitive tests to look for signs of impairment. These tests are subjective and may be challenged in court.

Drug Recognition Experts (DREs)

A Drug Recognition Expert (DRE) is a specially trained officer who evaluates drivers for drug impairment. Their assessments include physical symptoms, behavior, and coordination tests.

Chemical Testing (Blood, Urine, and Breath Tests)

Blood Tests: Detect drugs in the bloodstream but cannot determine real-time impairment.
Urine Tests: Less reliable and may detect drugs long after impairment has subsided.
Breath Tests: Primarily used for alcohol detection, not drugs.

Officer Observations

Police may note slurred speech, dilated pupils, poor coordination, and delayed reaction time as indicators of drug impairment.

Defenses Against a Rancho Cucamonga Drug DUI Charge

A skilled Rancho Cucamonga DUID lawyer can challenge the prosecution’s case and seek dismissal or reduced charges by focusing on the following defenses:

Lack of Probable Cause for the Traffic Stop

If the officer did not have reasonable suspicion to stop you, any evidence obtained may be inadmissible in court.

Unreliable Field Sobriety Tests

Field sobriety tests are highly subjective and may be affected by medical conditions, fatigue, anxiety, or nervousness.

Inaccurate Chemical Testing

Blood and urine tests can detect drug metabolites long after impairment has worn off, making them unreliable indicators of intoxication.

Lack of Proof of Impairment

The prosecution must prove that drug use impaired your ability to drive, not just that drugs were present in your system.

Violations of Constitutional Rights

If police failed to read your Miranda rights or conducted an illegal search, evidence may be excluded from court.

Why Choose The Law Offices of Kirk Tarman & Associates?

When facing DUID charges, having an experienced and aggressive defense attorney is crucial. At The Law Offices of Kirk Tarman & Associates, we:

Thoroughly examine police reports for procedural errors
Challenge unreliable chemical test results
Fight for case dismissal or reduced charges
Defend your driver’s license and criminal record

A DUID conviction can have lasting consequences, but with the right legal strategy, it may be possible to avoid jail time, reduce fines, and protect your future.

Contact an Experienced Rancho Cucamonga DUID Lawyer Today

If you or a loved one has been arrested for a DUID in Rancho Cucamonga or San Bernardino, immediate legal representation is essential.

Call (909) 658-7341 today for a free consultation.

Do not face a DUID charge alone. Let us fight to protect your rights and your future.