DUID Charges in California
A DUID charge is stressful and scary, having the potential to bring devastating consequences to your life. At CJM Defense, we are dedicated to DUID cases and can help navigate the legal proceedings and process with you. With a decade of experience in DUI and DUID defense, we have unique and in-depth knowledge of how to best handle these cases. First, it is important to educate yourself on the basics of a DUID charge, typical penalties, and information on how your case may be classified.
When can I be charged with DUID in California?
Driving under the influence of drugs (DUIDs) occurs when an individual cannot operate a vehicle like a sober person due to drugs in their system and is prohibited under California Vehicle Code VC 23152(e) and California Vehicle Code VC 23152(f). Illicit drugs, prescription drugs, over-the-counter medication, or a combination of alcohol and drugs may all potentially lead to a DUID, if the driver is impaired. Unlike driving under the influence of alcohol, there are no set limits for drug concentration levels in a person’s system. This is largely because of the inconsistency and variety of reactions among people.
Do I have to submit to a blood or urine test?
It is important to note that when you apply for a driver’s license in California, you are considered to have provided implied consent to giving a blood or urine sample for testing. So, if you are pulled over and suspected of driving under the influence of drugs, you have already agreed to submit to a urine or blood test if you have a driver’s license. Refusing to submit to the test may result in additional, harsher consequences.
Is a DUID a felony?
DUIDs can be charged as a misdemeanor or a felony. Typically, for a misdemeanor, an individual may face penalties of up to 3 to 5 years of probation, a hefty fine of at least $1,800 for the first offense, DUI school, license suspension, and possibly jail time.
Much like DUIs, DUIDs are charged as felonies if an individual caused serious harm to a third party in an accident while under the influence of drugs, or if the individual has had 3 other DUI offenses or a previous felony DUI offense. The typical penalties for a felony DUID include up to 4 years of jail time and a fine between $1,000 and $5,000, depending on the circumstances. Penalties become more severe when harm to a third party is involved.
The criteria to prove that an individual was driving under the influence of drugs includes proving that while an individual was driving, their ability to drive was impaired by drugs or a combination of drugs and alcohol. As there are no breathalyzers for drugs like there are for alcohol, urine and blood samples must be taken to test for drugs. It is important that law officers and hospitals comply with all California legal protocol during this process, as potential contamination, time sensitivity between arrest and testing, or degradation of samples may all affect the admissibility of evidence.
If you have been charged with DUID in California, it is crucial that you obtain the representation of an experienced DUID defense attorney right away. The success of the prosecution’s case depends heavily on the evidence against you. At CJM, our skilled and knowledgeable team will closely examine all of the evidence in your case and petition the court to exclude any evidence that was seized in violation of your rights or that has been compromised in any way. Our job is to weaken the case against you as much as possible, so the prosecution will not be able to prove their burden in court. Remember that you do not need to face these charges alone. Contact us today for a complimentary consultation.