Simone Lawson
In California, it is illegal to drive under the influence of drugs, also known as DUID. This applies to both illegal recreational drugs and prescription medications. Being under the influence means that a substance has impaired an individual's ability to drive with the same caution as when sober. There is no legal limit for the amount of drugs in a person's system in California, and any amount detected in a blood test can result in a DUID charge. A conviction can result in jail time, fines, and a suspended or revoked driver's license.
| Characteristics | Values |
|---|---|
| Definition of "drug" | "a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would appreciably impair his or her ability to drive as an ordinarily cautious person, in full possession of his or her faculties and using reasonable care, would drive under similar circumstances." |
| Drugs included | Over-the-counter medications (including antihistamines and cold medicines), prescription medications, illegal recreational drugs, morphine, Vicodin, Oxycontin, Xanax, Ritalin, Adderall, cocaine, heroin, methamphetamine, central nervous system stimulants, central nervous system depressants, etc. |
| Drugs excluded | Marijuana |
| DUI tests | Blood test, urine test, breath test, eye "tracking exam", field sobriety tests (FSTs) |
| DUI consequences | Permanent criminal record, potential jail time, expensive fines, suspension/revocation of driver's license, community service, probation, etc. |
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What You'll Learn
California's definition of a 'drug'
California's definition of a drug is a broad term that encompasses various substances that can impair an individual's ability to drive safely. The state's Vehicle Code §23152 and DUI laws define a "drug" as any substance that can affect the nervous system, brain, or muscles, impairing an individual's ability to drive with the same caution as a sober person. This includes illegal drugs, prescription medications, and over-the-counter drugs.
California law prohibits driving under the influence of drugs (DUID), and the consequences for a DUID conviction can be severe. A DUID is typically classified as a criminal misdemeanor for the first, second, or third conviction, with penalties including jail time, fines, and suspension of driving privileges. Subsequent convictions can lead to felony charges and longer jail sentences.
To determine if someone is under the influence of drugs, law enforcement officers may look for signs of drug use, such as physical symptoms and poor performance on field sobriety tests. Officers may also administer Preliminary Alcohol Screenings (PAS) and blood or urine tests to detect the presence and type of drugs in an individual's system. Drug Recognition Experts (DREs) are specially trained officers who can identify drug impairment and determine the category of drugs ingested.
In terms of drug possession, California law makes a distinction between illegal drugs and controlled substances. Illegal drugs, such as heroin, cocaine, and methamphetamine, are prohibited for possession, sale, or trafficking. On the other hand, controlled substances are regulated drugs scheduled by the state, including prescription medications like painkillers and narcotics. Possession of controlled substances without a valid prescription is also illegal and can result in misdemeanor or felony charges, depending on the substance and the circumstances.
California has specific laws regarding marijuana possession, allowing adults 21 and over to possess small amounts for personal use. However, marijuana is still considered a Schedule 1 drug under federal law, creating a discrepancy between state and federal regulations. Overall, California's definition of a drug covers a wide range of substances, and the state has strict laws in place to address drug-related offences, particularly those involving driving under the influence.
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DUI blood tests
- The alleged drunk driver has refused to perform a breath test.
- The police believe the driver might be under the influence of drugs, including prescription medication or any type of illicit drug.
- The alleged drunk driver has chosen to take the blood test rather than the breath test after being arrested for DUI.
In California, drivers who decide to take a DUI blood test can get a blood sample for independent testing through a "blood split" motion. This is allowed under Title 17 of the California Code of Regulations, which sets forth the procedures that govern DUI chemical tests. Under Title 17, regulations that apply to the testing of blood include:
- A specified technician or medical professional must draw the sample as soon as possible after an alleged offense.
- The draw site must be sterilized with something other than an alcohol-based product to avoid adding external alcohol to the sample.
- There must be an anticoagulant and a preservative in the vial to prevent contamination and/or clotting.
- Any reusable equipment may not be cleaned with or kept in alcohol or other volatile organic solvents.
- The identity and integrity of the sample must be maintained throughout each step so that the chain of custody is recorded and undisturbed.
It is important to note that a DUI conviction can have serious consequences, including fines, license suspension, and even jail time. Therefore, understanding and exercising your rights, such as the right to independent testing, is crucial in such cases. An experienced DUI lawyer will typically recommend a blood test over a breath test for a few important reasons, including accuracy and the ability to independently verify the test results.
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Penalties for driving under the influence
Driving under the influence of drugs (DUID) in California is a criminal offence and can result in a permanent criminal record, potential jail time, expensive fines, and other long-term consequences. The penalties for a California DUI of drugs conviction can vary, and a judge will consider factors such as the defendant's criminal history, including prior DUIs or "wet" convictions, and whether the defendant would benefit from a program of drug treatment.
DUID is usually a misdemeanour in California, and the penalties for a misdemeanour DUI of drugs are the same as for driving under the influence of alcohol. A first-time conviction for DUI typically does not include jail time, but penalties can include fines, probation, and DUI school. There is also a driver's license suspension of six months to three years, depending on how many prior convictions there are.
A second offence within 10 years can result in a jail sentence of 90 days to one year, a minimum fine of $390, a two-year driver's license suspension, and completion of a driving under the influence program. A third offence within 10 years can result in a jail sentence of 120 days to one year, a minimum fine of $390, a three-year driver's license suspension, and completion of at least 30 months of a driving under the influence program.
A fourth or subsequent offence within 10 years is considered a felony and can result in a jail sentence of 16 months to three years, or 180 days to one year, and a minimum fine of $390. It also carries a four-year driver's license revocation and designation as a habitual traffic offender for three years.
It is important to note that California law does not set a specific threshold for drugs in the bloodstream to constitute impairment, unlike the laws for alcohol. This is because experts cannot agree on what concentration of drugs in the bloodstream impairs someone's ability to drive. However, any amount of drugs detected in a blood test can result in a DUID charge, and it does not matter if the drug was legally prescribed.
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Drug recognition experts
In California, a Drug Recognition Expert (DRE) is a law enforcement officer with special training to identify when someone is under the influence of narcotics. The DRE program began in the Los Angeles Police Department (LAPD) in the early 1970s and is now run by the California Highway Patrol (CHP). The International Association of Chiefs of Police (IACP) coordinates the International Drug Evaluation and Classification (DEC) Program with support from the National Highway Traffic Safety Administration (NHTSA).
DREs are trained to follow a 12-step protocol to determine whether an individual is impaired and, if so, to categorize the type of impairing substance. This includes confirming that the driver's BAC is not indicative of alcohol impairment, conducting an eye "tracking exam" to check for horizontal gaze nystagmus (HGN), and re-administering field sobriety tests (FSTs). DREs are also trained to discern the general category of the drug, such as central nervous system stimulants (e.g. methamphetamine or cocaine) or central nervous system depressants (e.g. heroin, marijuana, or anti-anxiety medication).
DRE testimony is often used to prosecute cases of suspected drugged driving because toxicology testing has limitations. Blood tests may detect the presence of a substance, but they do not measure the quantity of the substance ingested or whether the amount is sufficient to cause impairment. A 1994 study by Eugene Adler of the Arizona Department of Public Safety and Marcelline Burns of the Southern California Research Institute found that lab tests failed to find any drugs present in 16.4% of cases where DREs identified drug impairment. However, it is important to note that there have been questions raised about the weight that should be given to DRE evaluations due to significant problems identified with the technique.
It is important to understand that, in California, it is illegal to drive under the influence of drugs, including over-the-counter medications and prescription drugs. California law requires a DUI blood test when an officer has reasonable cause to believe someone is driving under the influence of drugs (DUID). If the driver tests positive for one or more drugs, a lab can then perform a "quantitative analysis" to identify the amount of the substance in the driver's system. California's DUID law does not set a specific threshold for drugs because experts cannot agree on what concentration of drugs in the bloodstream impairs someone's ability to drive. Being "under the influence" means that a substance impaired an individual's ability to drive so that they no longer exercised the same caution as they would if sober.
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'Implied consent'
California's "implied consent" law requires that motorists who are lawfully arrested for DUI submit to a breath or blood test to determine their blood alcohol concentration. This is based on the premise that by driving on the roads, motorists have given their implied consent to chemical testing if arrested on suspicion of driving under the influence. This applies to all drivers on California roads, regardless of whether they hold a California driver's license.
The implied consent law requires that chemical testing be incidental to a lawful arrest and administered by a law enforcement officer with reasonable cause to believe the driver was impaired. While a driver can refuse to take a preliminary alcohol screening (PAS) breath test before being arrested without penalty, refusal to submit to a chemical test after a lawful arrest can result in criminal charges and a year-long driver's license suspension.
There are three conditions under which California police can require a blood test following a DUI arrest:
- When the driver is unconscious or as a result of an accident, an officer may obtain a warrant for a forced blood draw.
- When there is probable cause to believe that a driver is under the influence, an officer may require a blood test to show the presence of drugs.
- When a driver is suspected of committing a felony DUI, a blood test may be legally required.
It is important to note that a skilled attorney may be able to challenge allegations of refusing to submit to a chemical test by questioning the lawfulness of the arrest, the arresting officer's reasonable cause, or the adequacy of the warning about the consequences of refusal.
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Frequently asked questions
In California, "under the influence" means that a substance has impaired your ability to drive to the extent that you no longer exercise the same caution as you would if you were sober.
Driving under the influence of drugs in California can result in a permanent criminal record, jail time, fines, and a suspended or revoked driver's license.
In California, a "drug" is defined as a substance or combination of substances, excluding alcohol, that could impair an individual's ability to drive by affecting their nervous system, brain, or muscles. This includes illegal drugs, over-the-counter medications, and prescription drugs.
Law enforcement officers may observe signs and symptoms of drug use, such as red eyes, slurred speech, or poor performance on field sobriety tests. They may also administer Preliminary Alcohol Screenings, blood tests, or urine tests to detect the presence of drugs. Additionally, Drug Recognition Experts (DREs) are specially trained officers who can evaluate and identify when someone is under the influence of narcotics.
