While it is a widely known that driving under the influence of illicit drugs is illegal, driving under the influence of legally prescribed medications, like benzodiazepines, can also cause impairment of driving abilities, potentially leading to a DUID (Driving Under the Influence of Drugs) charge. Unlike alcohol, which has a ‘per se’ legal limit of 0.8 BAL, there is no legal limit for blood levels of prescription and illicit drugs in the state of California when operating a motor vehicle. Instead, law enforcement will look for signs of impairment.The most common drugs associated with DUIDs in the state of California include:
If you are charged with a DUID, the best course of action is to contact an experienced defense attorney quickly, as these charges can be quite harrowing and complex. A DUID conviction can lead to significant fines, jail time, and even the loss of your driver’s license.
At the Santa Ana Law Office of Christopher J. McCann, we pride ourselves on assisting you through every step of your DUID arrest and trial. Our years of experience as top DUI defense lawyers in this field will support you every step of the way during your criminal proceeding. We begin our focus by trying to convince the prosecution to drop or lower the charges against you whenever possible.
A DUID investigation is initiated with a traffic stop. If the driver appears intoxicated, the police officer may call a drug recognition expert (DRE), or a law enforcement officer who has special training to recognize persons under the influence of illicit drugs. They will evaluate the driver. If the DRE determines that there is probable cause to believe the driver is impaired by the influence of drugs, the officer can take the driver into custody, where the driver will take a blood toxicology test. If the driver refuses to submit to the test, they may face additional criminal charges.
A DUID trial typically begins with the arresting officer testifying as to why they determined the driver to be impaired. The prosecution must prove that the driver was driving unsafely and failed a field sobriety test. Next, the DRE will testify regarding the evaluation process they used to determine the drugs by which the driver was impaired. This testimony is often the most important in the prosecutor’s case, and can be quite lengthy. Finally, the results of the blood toxicology screen will be brought as evidence in the case.
Facing a DUID charge is an overwhelming and stressful process. The sooner you have an experienced defense attorney on your side, the better. At the Law Office of Christopher J. McCann, we are dedicated to protecting you and your rights following a DUID charge. We will use our 15+ years of experience fighting for our clients to ensure that your future is secure. If you have been arrested or charged with a DUID, contact our office at 888-360-4256 or use our contact me online form to schedule a free consultation today.