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Have You been Accused of a DUI of Drugs?

by | May 10, 2013 | Criminal Defense

California Vehicle Code 23152a prohibits driving while impaired by drugs or alcohol. Driving while under the influence of any drug could subject you to prosecution. The drugs can be illicit narcotics such as marijuana or ecstasy, prescription drugs such as Vicodin, or any over-the-counter drug; if it impairs you, you could face criminal charges. If the drug impairs you to the point that you do not have a sober state of mind while driving, then you are considered to be driving under the influence and can be charged with a DUI offense.

DUI of drugs in California is typically charged as a misdemeanor, which is punishable by a $1,000 fine and possible incarceration in jail for up to 1 year, among other penalties. The offense can be filed as a felony however, if it is your 4th
DUI offense, you have a prior felony DUI conviction, or your driving causes an accident that injures someone other than yourself. The consequences for driving under the influence are generally the same for alcohol impaired driving and drug impaired driving, and punishments increase for each subsequent offense.

Many innocent people are arrested for DUI of drug offenses because there are factors that are not taken into consideration. Some defenses that can help with your DUI case are:

  • That the drugs in your system were not affecting your driving and you were not under the influence
  • Other physical conditions were affecting your driving (exhaustion, anxiety)
  • Your blood or urine samples were not handled according to proper protocol

There are multiple factors that could have played a role in your driving, other than the drugs you may or may not have consumed. Being tired or stressed could influence your driving in similar ways, which could lead to being charged with a DUI. Make sure that you seek experienced legal guidance from a San Diego criminal defense attorney who can help you fight your DUI of drugs case.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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Office of Marc S. Kohnen
1350 Columbia Street, #700
San Diego, CA 92101
(619) 398-2500

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