Under the California DUI law, this offense is much more severe compared to a DUI alcohol case. Like an ordinary DUI arrest, the elements involved in DUI offenses apply here. The only difference though is that instead of alcohol, the individual behind the wheel is under the influence of drugs or controlled substances.
This particular DUI case is much more difficult to prove. Unlike alcohol which is easily discernible to the trained eye and is only supported later on after a blood test is undertaken, a DUI drug case has many possibilities. These include the following:
The driver was driving under the influence of prescription medication. This occurs when the individual, despite physician’s advice on the ingestion of the drug and operation of a vehicle, the driver insisted on operating a motor vehicle;
There are no outward signs of the drug’s effects. While speech may be slurred and the eyes are glassy, the lack of alcohol during a Breathalyzer test may put the DUI arrest into question. The only fail safe way that the individual can be proven to be driving under the influence of drugs is through a blood test, which may take hours and have the drug dissipate from the individual’s system;
The penalties for this offense include one year imprisonment in county jail, payment of a fine amounting to $390 before other penalty assessments are applied, restriction of driving privileges for at least six months and mandatory attendance in a drug education class for a minimum of three months.
The crime of driving under the influence of drugs is a serious offense in California. Should you be or know anyone undergoing this process, do reach out to the lawyers at the Law Offices of Ramiro J. Lluis for a free consultation today.