DUID There's No Alternative

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Orange County DUID Defense: Protect Your Rights

Understanding DUID Charges in Orange County

Historically, drugged driving in California was an offense that was easy to explain to defendants. More often than not, those charged with driving while on drugs had been involved in a car accident and maybe even caused serious injuries. These days, DUI and DWI offenses are zealously prosecuted, even if it is unclear whether or not the defendant was intoxicated at the time of their arrest. Law enforcement is adjusting to technological advances and is using new tools to help determine whether someone took drugs. They are using this information to help obtain convictions for driving under the influence of drugs (DUID).

Challenging Wrongful DUID Allegations

Although this may seem like progress, numerous situations exist in which authorities wrongfully charge drivers with driving under the influence of drugs when it is not warranted. Some may say that these are casualties of an overall effective campaign, but we beg to differ. If law-abiding citizens are convicted of misdemeanor or felony drugged driving offenses, they could have trouble with future employment or lose their current job. Not to mention the hefty fines, penalties, classes, and potential jail time they could receive for their offense.

Dissecting California's DUID Laws

So how does California law determine whether or not someone was DUID at the time of their arrest? The truth is, conflicting points of view exist (mostly between Orange County DUID defense attorneys and prosecutors) that have not been resolved.

Get a Free Case Evaluation for Your DUID Charge

For immediate assistance and a free case review, contact our Orange County DUID defense team at (844) 285-9559. Act now to protect your future!

What If I Didn’t Mean to Drive While Intoxicated?

Unknowingly driving under the influence is an interesting concept that was challenged by Kerry Kennedy, John F. Kennedy’s niece, after she was charged with DUI in July of 2012. Although Kennedy testified that she took 10 milligrams of Ambien, got into her car, drove erratically, and eventually sideswiped a tractor-trailer, she was still able to receive an acquittal for her drugged driving charge.

How did she get away with it? Well, her drugged driving attorney was able to convince the jury that Kennedy accidentally took the pills. According to Kennedy’s testimony, she grabbed the wrong pills on the morning of her crash.

Although Kennedy was able to use this defense successfully, she was very lucky. An experienced drugged driving defense lawyer will be able to evaluate your case and see what flaws they can expose.

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California Drugged Driving Law: What is DUID?

Those arrested under suspicion of driving while under the influence of drugs are charged with violating California Vehicle Code 23152. This offense can be charged whether the defendant was believed to be under the influence of alcohol or drugs.

Prosecutors treat drug DUIs very seriously and will not hesitate to try to issue a maximum sentence for violators.

To prosecute for CPC 23152 for drug DUI, the state has the burden to prove you are guilty of:

Driving under the influence of drugs including over the counter drugs, prescribed medicines, or hard substances like cocaine
Knowingly driving under the influence of drugs, and also that you knew that by doing so, the drug would have impaired your judgment and ability to drive in a legal manner

“Drugs” According to California Law

According to California law, “drugs” are considered to be any substance that is not alcohol that can affect a person’s brain, muscles, and/or central nervous system. A person is believed to be driving while under the influence of drugs if the substance impairs their ability to drive like a sober person in the same situation.

Substances That Commonly Result in DUID in CA

When California police officers believe that a driver may be under the influence, but they do not know what substance is impairing driving, they will often require the driver to submit to a blood test. Although driving under the influence of any drug is illegal, it would be hard to prove without any reliable evidence. Because some drugs are not detectable by blood or breathalyzer, the use of those drugs before driving will rarely result in a DUID arrest.

The following are drugs commonly associated with DUID cases:

PCP

First developed in the fifties, PCP is also known as Phencyclidine, as well as Angel Dust, Super Grass, or Rocket Fuel. Its role in medicine is for use as an anesthesia. However, modern medicine only reserves this drug for animal treatments. PCP is very potent, given that it can last for more than two days and can also kick in within minutes of use.

Methamphetamines

Unlike other controlled substances described above, meth acts as a stimulant that speeds up body functions and organs. Other names include meth, crystal meth, ice, speed, and more. It is used medically as a popular treatment for ADHD and obesity.

Ambien

Having trouble sleeping? Then you’re likely to receive an Ambien prescription, which is used for its sleep-inducing or sedative properties. Many cases have been reported about Ambien’s sleepwalking or sleep-driving side effects. If a driver is caught even in a state of unconsciousness, they could be charged with DUID.

Marijuana

Marijuana walks a thin line between legal and illegal use. This is because it’s now legal for medicinal and recreational use but not to get behind the wheel after consuming the substance. If you’re caught under the influence while driving, you could be prosecuted under California Penal Code 23152(f) and face harsh punishments.

Codeine

Codeine is a popular prescription medication. Its pain-relieving and sedation qualities have turned this drug into one that’s often abused. Even though an ill patient may be given a prescription to take codeine, it’s still illegal to drive and use it at the same time due to the risk of impairment.

Heroin

Heroin was first created in 1898 by Bayer. It was quickly pulled from use in medicine due to the devastating consequences of addiction. The name “junkie” was coined when patients who became hooked sold their scrap metals to satisfy this dependence. Other known street names include H-horse, A-bomb, black tar, or smack, and currently, there’s no medical use for heroin.

Hydrocodone

Hydrocodone is a type of analgesic that makes those who ingest it lethargic. As a result, the medication can cause severe impairment while driving and also risk public safety. When taken in small doses, however, it usually does not have these powerful effects, and a legal team can use this argument as a valid defense for DUID. Another name for this drug is Vicodin.

How Officers Test For Impairment

Unlike alcohol, there is no readily available hand-held device that allows authorities to test those who are believed to be under the influence of drugs. This makes things substantially more difficult to prove that a person is driving drugged by using traditional tests.

More often than not, authorities will call in a drug recognition expert (DRE) to help determine whether or not the suspect is under the influence of narcotics. A DRE is a police officer with special training that helps them determine intoxication. Once a DRE arrives on scene, they conduct an evaluation.

The DRE will:

Check for any blood alcohol content
Check the driver’s pulse
Check for eye jerks (a common symptom of intoxication)
Administer a field sobriety test
Examine the driver’s pupils
Evaluate muscle tone
Identify injection sites
Question the driver
Submit the driver to a blood test

Penalties for a DUID Conviction

Driving while under the influence of drugs can be charged as a misdemeanor or a felony. Which one you will be charged with largely depends upon your specific circumstances and whether or not you have committed any previous offenses.

The following penalties are common for someone convicted for the first time:

Up to 5 years of DUI probation
Around $2,000 in fines
Mandatory attendance at a California DUI school
Driver’s license suspension
Time in jail

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Specializing in Criminal Defense

Get a Seasoned Lawyer on Your Side

If you are facing charges for driving while under the influence of drugs, speaking with one of our skilled Orange County drugged driving attorneys is in your best interest. Without in-depth knowledge of California’s case law, you will be at a disadvantage.

Call (844) 285-9559 or contact the Law Offices of Randy Collins today to speak with our Orange County drugged driving lawyers during a free case evaluation.

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"Handled my case in record time with the best possible outcome."
Randy is awesome! I called so many attorneys and in all honesty he is such an incredible person. All of his office staff is friendly, professional and knowledgeable. He really cares about the welfare of his clients and takes time to discuss your needs in person. I highly recommend him. He handled my case in record time with the best possible outcome.

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Mr. Collins is highly recommended. He really takes the time to listen and answer all your questions. He went above and beyond on helping me out with an issue that was never my fault.

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I cannot express how grateful I am to Randy and his team for the amazing job representing my dad. He was detailed, dedicated, and truly caring for my family throughout the entire process. We are forever thankful to have found Randy. It is rare to find a legal team that feels like extended family. We truly felt so cared for by him and Chris. His knowledge and expertise helped guide us through a very difficult situation and we are so happy to have found this team. I would refer Randy to anyone looking for legal representation. Randy is the best lawyer to call!!

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I hired Randy after my previous attorney failed to give me proper information and caused me to violate my probation. Randy appeared in court for got the issue resolved without any head aches. He was a man of his word and I highly recommend him.

Reedham
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He is amazing!! I'm am happy to say that my daughter's charges were dismissed! Randy did an excellent job!!! I couldn't have made a better decision the day I called his office.

Leslie
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I had the unfortunate experience of being too drunk one night in DTF which led to a Drunk in Public charge. I was able to hire Randy after looking online for a good lawyer. I ended up paying about $3,500 for his services and he got the case dismissed. It was an easy process. It was my first time getting in trouble with the law, and I am glad I had Randy and Chris there to guide me through.

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I called the office and right off the bat, I was super impressed at how much help I was receiving without even meeting in person. Chris (the guy who answered my call) is extremely nice and he explains everything so well. He told me how he used to work at the courts for many years (that gave me relief that he knew what he was talking about). Randy (the attorney) is delightful as well and put my worries to rest with his expertise and knowledge. You can tell by his demeanor and how passionate he speaks, that he is genuine and he cares about his clients. This office handles everything from DUI cases to just about anything criminal related.

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Randy worked tirelessly for over two years to have my case dismissed and I can’t thank him enough for everything that he did for me.

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