california drugged driving

duid: driving under the influence of drugs

DUID is an acronym used in the State of California that abbreviates "Driving Under the Influence of Drugs", or Drugged Driving. For a driving under the influence violation to be considered DUID, the drugs induced that constitute impairment need not be narcotic, but can be prescription, over the counter "cough syrups" and related cold medicines, herbs, teas, caffeine pills, sleeping pills such as Sominex, or any substance with a mind or body altering effect that impairs driving ability.

California Law also makes it illegal for any person addicted to any drug to operate a motor vehicle or vessel, whether under the influence at the time of driving or not, unless that person is rehabilitating in a court approved alcohol and/or drug treatment program and abstinent.

DUID differs from DUI, or Driving Under the Influence of Alcohol ( Drunk Driving ) in that there is no legal or safe limit established. It is defined as being in a state that incapacitates a driver from operating a vehicle with the same prudence, judgment, and caution characteristic of a sober person with no trace of alcohol or drugs in their blood.

why is my prescription drug being criminalized?

Although the use of the prescribed medication is certainly not illegal, if it is mind-altering and/or physically impairs your ability to safely drive a vehicle, then it is not your right to possess and use the drug that is in question, but rather your right to operate a vehicle or vessel while "under the influence" of the prescribed drug.

license suspension & drugged driving

As with DUI, the burden of proof in a DUID case will fall on the court and the DMV. The DMV does not yet have an established limit for a trace amount or level of drugs in a driver's system to constitute impairment or a safe level, therefore, if your BAC is under .08%, your license suspension case may be successfully challenged, in some drugged driving cases. Still, even though the DMV may not have Admin Per Se cause to suspend your license, the court may choose to relinquish your driving privileges if a conviction is later reached in your criminal court case.

testing methods for drugged driving

In order for DUID to be proven, a blood or urine sample must be obtained within three hours of an alleged DUID offense. A breath test will not detect the presence of drugs in a person's body.

A police officer convinced that a driver is under the influence, may, after submitting the suspect to a breath test, request the driver to also submit to a blood test, if the defendant is in custody. If the arrestee submits to the initial breath test, then objects to a chemical blood test, they will still be charged with the added penalty enhancement of "chemical test refusal" and automatically forfeit their driver's license for one full year.

It is essential to consult with an experienced attorney skilled in DUI defense if you have been arrested and face these charges. We have successfully handled 100's of drugged driving charges, and can possibly apply similar defenses and strategies in your case. Call 619.231.7412 or submit a simple online inquiry form for immediate assistance.

drug recognition experts

The Drug Recognition Expert program, initially developed and introduced to other law enforcement agencies by officers of the Los Angeles Police Department, is now a nationwide certification training program designed to equip officers with a 12 step procedural regimen for detecting the presence of various drugs in suspects they believe to be under the influence.

There are currently 3,000 certified DRE's, or Drug Recognition Experts, in California, and the National Highway Traffic Safety Administration has delegated the management of the program to the California Highway Patrol, which oversees DRE for various law enforcement agencies and jurisdictions, including San Diego.

average drug detection periods for presence in blood

*Note: These ESTIMATED blood test detection periods are averages provided for general information. This information should be not be used as legal or medical advice as detection varies from person to person based on factors such as metabolism, height, weight, gender, amount of drug ingested, drug interactions and combinations, and numerous other factors.

drug category	varieties	average life span
amphetamines	Black Beauties, Crosses, Dexedrine, Bipethamine	1 - 2 days
anabolic steroids	Stanazolol, Nandrolene, Stanzolol, Steroids, Juice, Roids	Orally: 3 weeks Intraveneously: 6 months +
barbituates	Amytal, Nembutal, Phenobarbital, Seconal, Barbs	2 - 3 days
benzodiazepines	Ativan, Halcion, Librium, Rohypnol, Valium; Roofies, Tranks, Xanax	2 - 3 days
cocaine	Coke, Crack, Rock	2 - 3 days
codeine	Empirin w/codeine, Fiorinal w/codeine, Robitussin A-C, Tylenol w/codeine	1 - 2 days
ghb	G, Liquid Ecstasy	1 - 2 days
heroin	Smack, Black Tar	2 - 3 days
inhalants	Glue, Paint, etc.	4 hours
ketamine	K, Special K, Vitamin K	2 - 4 days
lsd	acid, blotter, paper	up to 5 days
marijuana cannabis	Bud, Grass, Herb, Pot, Gonja, Reefer, Mexican, Sensimilla, Commercial, Weed, Chronic	6 months + for habitual users 1 ingestion up to 5 days
mdma	Ecstacy, X	2 - 5 days
methadone	heroin substitute, detox medication	1 - 7 days
methamphetamines	crystal, meth, glass, speed	2 - 4 days
methaqualone	Quaaludes	10 - 15 days
opiates	Opium, Laudanum	1 - 2 days
oxycodone	OxyContin, Percolone, Roxicodone	1 - 2 days
pcp	Angel Dust	1 - 8 days

PC1000 drug diversion program

PC1000 is a drug diversionary program made available by the courts to most first time drug offenders, with a provision that the drug offense cannot have concurred with any crime of a violent nature. Congress has ruled that drunk and drugged driving do not qualify for diversion as they are violent crimes, and therefore do not qualify for the first time offender option if the drug offense occurred while operating a vehicle.

If you have been arrested and charged with DUID, you may still qualify for a DUI Program or rehabilitative alternative to jail in the event of a conviction. The mission of our law practice is to win your case and avoid having to mitigate this type of sentencing in the first place.

Please call our office at 619.231.7412 to discuss an effective and tactical strategy for resolving your issue. There is never a charge for our initial consultation.