Why You Should Fight Your California “Driving Under the Influence of Drugs” Charge

Posted on July 4, 2011

As is most often the case with a holiday weekend, California law enforcement officers stepped up their patrols this past weekend. Not only were they operating a number of DUI / driver’s license checkpoints but they were also engaging in roving DUI saturation patrols. If you were unfortunate enough to be arrested for driving under the influence of drugs, here are a few reasons why you should definitely fight the charge.

First, because of the fact that it was a holiday weekend, officers were expecting drivers to be under the influence. This inherent bias can easily lead to incomplete or shoddy investigations…investigations that lead to an illegal or hasty arrest. We will highlight the officer’s bias to prove that…in the officer’s eyes…you were guilty from the word go.

Second, unlike a DUI involving alcohol…where the jury typically sees a blood alcohol reading…allegations of driving under the influence of drugs “DUID” are often more difficult to prove. Even if there was a blood test that revealed drugs in your system, that doesn’t mean that you were under their influence at the time of driving. We know the most persuasive arguments to convince prosecutors, jurors and judges that innocent explanations such as fatigue, anxiety or illness could have been responsible for your alleged impairment.

Third, even if it appears that you were guilty of the offense, if we can present proof that the collection, storage or analysis of your blood test was improper, the prosecutor will likely reduce or even dismiss your charges.

These are just a brief sample of why it is important to fight a California “driving under the influence of drugs” charge. The fact is that there are countless other defenses that…depending on the specific facts of your case…may also be applicable. Don’t assume that just because you were arrested for DUI means that you must be convicted of DUI because it just isn’t the case.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.