Los Angeles DUID Attorney
Driving Under the Influence of Drugs
Under California’s Vehicle Code § 23152, it is illegal to drive under the influence of alcohol, drugs, or any combination other either. The law also imposes severe penalties on those who are convicted – including possible terms of imprisonment, driver’s license suspension, court-mandated courses, probation, and more.
If you or someone you love has been charged with driving under the influence of drugs in Los Angeles or any of the surrounding areas, working with proven DUID attorneys should be your top priority. Lessem, Newstat & Tooson, LLP is a tried and true criminal defense firm that has represented clients charged with DUI throughout Southern California. Our team understands the protocol police must abide by when stopping and arresting drivers, and we know how prosecutors work to gain convictions.
Let us use our experience and insight to your advantage, and fight for the best possible resolution during both criminal proceedings and matters concerning your driver’s license.
If you have questions about your rights following an arrest for driving under the influence of drugs, do not wait to call our firm. Remember, you only have 10 days to protect your driver’s license. Call (818) 643-3093.
California Vehicle Code § 23152
California law states that “drugs” as it is used in VC § 23152 applies to any type of substance that impairs a motorist’s ability to drive safely, typically as a result of its effect on the central nervous system, brain, or muscles of the body. You may be charged with DUI of drugs if the officer who stopped you has reason to believe you are under the influence and too impaired to drive.
You can face DUID charges for a range of substances, including:
- Controlled substances (methamphetamine, cocaine, etc.)
- Prescription medications (valid medications or otherwise)
- Marijuana / Medical Marijuana
- Over-the-counter drugs
Marijuana DUI Charges
Marijuana is legal in California for medicinal and recreational use, and while legalization may be widely supported, it can still result in criminal charges. This includes driving under the influence of marijuana. In fact, California lawmakers and law enforcement have given even more attention to laws regarding “stoned driving” in the wake of legalization, and have also faced several notable difficulties when it comes to accurately proving impairment. This is why it is imperative to contact a marijuana DUI lawyer as soon as possible.
California’s Law on Marijuana DUI
Although cannabis is legal for medicinal use and recreational use by adults 21 years of age and older, driving under the influence of marijuana is still a crime. Under California law, it is a crime to drive a motor vehicle while under the influence of marijuana, to the extent that marijuana has compromised the person’s ability to safely operate their vehicle.
Because the legal definition of what constitutes a marijuana DUI is relatively vague, and because there are proven difficulties in accurately assessing whether or not a person who has consumed marijuana is, in fact, under the influence at the time they are driving and to a degree that it compromises their driving abilities, there is ample opportunity to raise challenges in these cases.
Blood Tests & Marijuana Impairment
As with any DUI cases, law enforcement officers may base a marijuana DUI arrest on preliminary pre-arrest investigations and any issues they note about a person’s driving behaviors, actions, and physical appearance, as well as any chemical tests (including blood tests) they administered. These tests are also used by prosecutors when formally charging defendants.
While blood tests can indicate the presence of marijuana in a driver’s system, they have been notably targeted for their inability to:
- Accurately establish how much marijuana was consumed; and
- Accurately establish how recently marijuana was consumed.
For these significant reasons, there remains no expert consensus as to when a motorist is considered “too high” to drive. In fact, science has shown that marijuana can remain in a person’s system long after its intoxicating effects have passed. These scientific discrepancies in accurately gauging marijuana impairment have formed the basis of many defense strategies in California marijuana DUI cases, as well as in other states where marijuana has been legalized (such as Washington, Nevada, and Oregon).
Evidence Commonly Used in Marijuana DUI Cases
While there is an opportunity for arguing these issues, California law does not entirely rely on chemical test results to convict defendants of driving under the influence of marijuana. Blood tests are simply one piece of evidence prosecutors may use to prove impairment, meaning they can still rely on the testimony of police officers who stopped and investigated motorists regardless of test results or even in cases where chemical tests were refused.
These can include:
- Driving behavior (moving violations, unsafe lane changes, swerving, etc.)
- A suspect’s statements, demeanor, and physical appearance
- Performance on field sobriety tests
- Presence of marijuana paraphernalia in the vehicle
Penalties for a Marijuana DUI Conviction
Driving under the influence of marijuana is penalized similarly to alcohol DUI cases. This means first-time offenders charged with a misdemeanor can face:
- Fines and court-related fees
- Up to six months’ imprisonment
- Driver’s license suspension
- Probation
- Court-ordered DUI school
These penalties can be elevated in cases involving aggravating circumstances, such as having previous DUI convictions within the past 10 years, driving on a suspended license, or causing accidents, injuries, or death (felony DUI).
Defense Strategies for DUID Charges
Depending on the facts and circumstances involved in your case, you may have a number of legal defenses available to fight against your charges. In many cases, our legal team will challenge the objectivity of whether or not you were actually under the influence. This is common in cases where drivers are arrested for marijuana DUIs, as there is extensive dispute over determining when a motorist can be considered too high to drive, as well as the methods and standards currently being used by law enforcement to test for marijuana impairment.
When challenging the government’s case against you, our DUID lawyers also look closely at all aspects of the stop and arrest. Law enforcement officers must have a sufficient legal basis to pull drivers over and to test them to determine if they are under the influence. If they do not, they violate your constitutional rights, and your case may be dismissed on these grounds. From the stop to the investigation to the chain of custody of your blood or urine sample, our attorneys pay close attention to whether the government followed protocol without infringing upon your rights.
Proven Los Angeles Lawyers for DUID Charges
Because the penalties you face for driving under the influence of drugs will vary according to the unique elements of your case, we encourage you to reach out to our team for a personalized review of your case. We can fully review the details of your case, whether you are arrested for DUI of marijuana or another type of drug.
Our attorneys can help you better understand what’s at stake and the penalties you face, and we can discuss how we can help create an effective defense strategy to protect your freedom and your future.
Why Choose Us?
- Our legal team has over half a century of experience
- We’ve secured hundreds of case dismissals
- Our attorneys have received widespread industry recognition
- We offer FREE and confidential consultations
Contact us today for a FREE consultation.