Laguna Beach Drug-Related DUI Attorney
Defending the Accused in Orange County
In California, driving while impaired by any type of drug can lead to a charge referred to as driving under the influence of drugs (DUID). If you are facing such a charge, it is in your best interests to bring your case to a knowledgeable criminal defense attorney who can work to help seek a favorable case result. Trying to navigate the criminal justice system on your own is not recommended.
At Alan Castillo – Attorney at Law, you can work directly with an lawyer who is well-versed in California law, is known and respected by local court judges and personnel, and has 25+ years of experience handling charges. I have handled over 5,000 criminal cases, which includes more than 100 jury trials. I am not afraid to take your case to court when that is the appropriate action and will always give you the individual attention and care you deserve.
Arrested for drugged driving? Contact Alan Castillo – Attorney at Law at (949) 234-6525 for a free, initial consultation about your case today. Available 24/7.
What Constitutes Drugged Driving in California?
Under California's Vehicle Code 23152(f) VC, driving under the influence of drugs is unlawful. Any drug, whether it is a legal or illegal substance that impairs your ability to drive, can lead to an arrest.
These drugs include:
- Marijuana, even though it is a legal substance in California
- Street drugs such as cocaine, methamphetamine, heroin, Ecstasy, and more
- Prescription drugs (even if you have a valid prescription from a doctor) such as Valium, OxyContin, Vicodin, Ambien, etc.
- Over the counter drugs, such as allergy medicines, cough and cold medicines, sleep aids, etc.
The underlying issue of DUID is whether the drug compromises your driving ability to the point that you are not driving as you would if you were sober. For example, many over-the-counter drugs such as those mentioned above cause drowsiness, which can impair judgment, reaction time, and motor skills.
DUID Testing
If you have been suspected of impaired driving, you will be pulled over by a law enforcement officer who will be looking for visual clues regarding your driving ability. If they believe that you're under the influence of a controlled substance, you will be asked to give a blood sample for testing. Under California's implied consent law, accepting your driver's license means you have agreed to such testing. If you refuse, you might face an automatic driver's license suspension, and your refusal might be used against you as evidence in court.
Unlike a DUI, which is an automatic charge if your blood alcohol concentration measures .08% or higher, a DUID has no exact legal limit. This means you can be charged with a DUID with any detectable level of drugs in your system. It also means that it may be possible to build a based on whether or not you were actually impaired by whatever amount of drugs were detected.
Consequences of a California DUID
The consequences of a DUID are similar to those of a DUI. The following penalties can be imposed:
- First offense: Between $390 and $1,000 in fines, 3 to 5 years of probation, driver's license suspension for 6 months, up to 6 months in jail, completion of a DUI program
- Second offense: Between $390 and $1,000 in fines, 3 to 5 years of probation, driver's license suspension for up to 2 years, up to 1 year in jail, completion of a DUI program
- Third offense: Between $390 and $1,000 in fines, 3 to 5 years of probation, driver's license suspension for up to 3 years, up to 1 year in jail, and completion of a 30-month DUI program, habitual offender designation for 3 years
- Fourth offense in 10 years: felony charge; between $390 and $1,000 in fines; up to 1 year in jail or 16 months, 2 years, or 3 years in county jail, driver's license revocation for 4 years, habitual traffic offender designation for 3 years
Work with a Proven Laguna Beach Drug-Related DUI Lawyer
The penalties for a DUID can be severe. Also, after your driver's license is restored, you face increase auto insurance premiums. Additionally, you'll have a criminal record, which can negatively impact many aspects of your life, from employment and housing opportunities to qualifying for a professional license or financial aid. When you're facing such consequences, getting legal help is crucial.
Reach out to my firm at (949) 234-6525 or contact me online today for legal assistance.