Orange County DUID Defense Lawyer
Were You Arrested for Driving Under the Influence of Drugs?
According to California Vehicle Code Section 23152(a), it is against the
law for any person to operate a motor vehicle if their functions are compromised
by legal or illegal drugs. Both controlled substances and prescription
medications can significantly inhibit a person's ability to drive.
Anyone who chooses to drive while under the influence of drugs (DUID)
will be subject to criminal penalties if they are detained by law enforcement.
Local law enforcement is cracking down on drug-impaired drivers, so if
you or someone close to you has been arrested for DUID, you need to act
now and speak with an Orange County DUI attorney. When you contact the
Law Offices of Virginia L. Landry, we can offer the immediate assistance
you need. Our lead attorney, Virginia Landry, is a board certified expert in
DUI defense, so you can trust that your future will be in good hands.
Were you arrested for DUID? Contact the Law Offices of Virginia L. Landry for a
free case evaluation.
Examining the Penalties for DUID in California
In California, the penalties for driving under the influence of drugs are
the same as those that apply to driving under the influence of alcohol.
If this is your first, second, or third DUI or DUID offense, you will
likely be charged with a misdemeanor. If, however, you have been convicted of three
prior DUI offenses, you have previously been convicted of a felony DUI offense, or your driving
has caused a traffic accident, you could face felony charges.
If you’ve been charged with a misdemeanor DUID offense, you could face:
- Up to six months of drug education classes
- Up to six months’ imprisonment in county jail
- Driver’s license suspension for up to six months
- Informal probation for a maximum of five years
- Up to $1,500 in various fines and court costs
If you have been arrested for driving under the influence of drugs, your
first course of action should be to contact an Orange County DUI lawyer
at the Law Offices of Virginia L. Landry. We are ready to protect your rights.
Prescription Drugs Can Also Impair Your Ability to Drive
Painkillers, tranquilizers, allergy medicines and antidepressants can have
adverse effects on drivers. Just because you are prescribed them doesn’t
mean you should drive while under their influence. Any driver can be considered
impaired due to use of prescription drugs. If you have the presence of
a legal prescription drug in your system and your driving is negatively
impacted, you can be arrested for DUI. Whether the drug alters your mood
or changes vision or reflexes, the results are the same: you are an impaired
driver that is a threat to other drivers.
Prescription drugs most commonly involved in DUID cases include:
Opioids—such as Vicodin, OxyContin, Methadone, Fentanyl, Dilaudid, and Demerol
CNS depressants—such as pentobarbital sodium, Valium, Xanax, and other barbiturates
Stimulants—such as dextroamphetamine, methylphenidate, and amphetamines
Prescription drugs that are "legal" can still affect your driving
and may warrant an arrest for DUID. These types of drugs can include
medical marijuana, Xanax, Valium, codeine and more. You can also be arrested for DUID if
you use a substance in such a way that it could alter your mind. This
category commonly includes inhalants such as household products that include
solvents and gases. Other accessible drugs emerging on the market that
could potentially warrant an arrest for DUI of drugs include "spice"
(synthetic cannabinoids), salvia and bath salts.
How Do the Police Spot “Drugged Drivers?”
The behavioral effects of prescription medications vary widely, depending
not just on the drug but on the person taking it. Some, like anti-anxiety
medications, can dull alertness and slow reaction time; others, like stimulants,
can encourage risk-taking and hurt the ability to judge distances. Mixing
prescriptions, or taking them with alcohol or illicit drugs, can exacerbate
impairment and sharply increase the risk of an accident, researchers say.
The complex chemistry of drugs makes their effects more difficult to predict
than alcohol's. Determining whether a driver took drugs soon before
getting on the road can be tricky, since some linger in the body for days
or weeks. Prosecutors in DUID cases rely heavily on the testimony of "drug
recognition experts," law enforcement officers trained to spot signs
of impairment in drivers. But there are only about 7,000 such officers
Legal Defenses Available in a DUI of Drugs Case
When a case involves DUID charges, it does not matter whether the driver
took a legal or illegal drug. Even if the drug was prescribed by a legitimate
physician or medical professional, you could still be convicted of this
offense if the prosecution can prove that you were, in fact, impaired
by the drug. Whether or not the driver was "under the influence"
is the main point in any DUID case, and as long as your lawyer can provide
evidence to show your abilities were not affected by a drug, you will
have a good shot of beating your drugged driving charges.
There are a number of legal defenses available in a DUID case, including:
- You were not actually impaired by drugs (legal or illegal)
- Your physical condition was mistaken for drug impairment
- You were not advised of your Miranda Rights prior to questioning
- The officer did not have probable cause to initiate a traffic stop
- Your blood or urine sample was improperly handled or tested
Call Our Orange County DUI Attorneys for a Free Case Review!
DUID cases tend to be rather complex, which is why they warrant representation
from a lawyer. At the Law Office of Virginia L. Landry, we provide top-notch
representation to people who are facing charges for driving under the
influence of drugs in Orange County, California. Drug-related DUI is prosecuted
similarly to DUI cases involving alcohol, and as such, has the potential
to end in serious consequences. For this reason, it is imperative to retain
legal representation from a skilled DUI attorney who is experienced defending
clients facing DUID charges.
Virginia L. Landry will fight your charges in an aggressive manner in order
to prevent you from suffering the harsh penalties that could follow a
Contact the Law Offices of Virginia L. Landry today.