Driving Under the Influence of Drugs (DUID)
California Vehicle Code 23152(f) and 23152(g)


California Vehicle Code 23152(f) makes driving under the influence of drugs (“DUID”) a crime. A driver is DUI of drugs when he/she can no longer drive like a sober person under similar circumstances due to:

  • Any drug, whether illegal, prescription or over-the-counter,1 or
  • A combination of any drug and alcohol.2

Misdemeanor DUID

DUID is usually a misdemeanor in California. The penalties for misdemeanor DUID are the same as for driving under the influence of alcohol.

DUI penalties can include:

Felony DUID

California Vehicle Code 23152(f) and 23152(g) can be charged as a felony when:

Felony DUID can be punished by:

  • Up to three years in jail (or 4 years if a third party was injured),7 and/or
  • A fine of up to $1,000 (or up to $5,000 if someone was injured).8

To help you better understand DUID, our California DUI defense lawyers discuss, below:

california dui drugs defense attorneys man taking pills before driving
California Vehicle Code 23152(f) and (g) make it a crime to drive while under the influence of drugs.

1. What is California's law on driving under the influence of drugs (“DUID”)?

California has two laws that make it a crime to drive under the influence of drugs:

  • Vehicle Code 23152(f), driving under the influence of drugs, and
  • Vehicle Code 23152(g), driving under the combined influence of drugs and alcohol.

Vehicle Code 23152(f) provides:

“It is unlawful for a person who is under the influence of any drug to drive a vehicle.”

Vehicle Code 23152(g) provides:

“It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.”

2. How does California law define a “drug”?

For purposes of California Vehicle Code 23152(f) and (g), a “drug” is defined as:

“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.

Thus “drug” includes:

  • Illegal drugs such as cocaine, heroin, and methamphetamine,
  • Legal drugs, such as marijuana,
  • Prescription medications (even if they don't make the user “high”), and
  • Over-the-counter medications (including antihistamines and cold medicines).

What are some drugs that commonly lead to DUID charges in California?

Drugs commonly implicated in cases of violation Vehicle Code 23152(f) or Vehicle 23152(g) include:

  • Marijuana,
  • Prescription opiates, such as Vicodin or Oxycontin,
  • Methamphetamine, and
  • Ambien.

But any medication that affects someone's nervous system, brain, and/or muscles can be implicated – even if it is necessary for the driver's health.

For more information, please see our related articles on:

bottle of prescription drugs california dui drugs defense attorneys
It is illegal to drive while “under the influence” of a drug in California, even when the driver has a prescription.

3. Does California have a “legal limit” for drugs and driving?

California has no specific “legal limit” for drugs that corresponds to the .08% BAC legal limit for alcohol. This is because experts cannot agree what concentration of drugs in the bloodstream makes someone too impaired to drive.9

As the National Highway Traffic Safety Administration reports:

“[A]t the current time, specific drug concentration levels cannot be reliably equated with effects on driver performance.”10

So, California law simply states that it is illegal for someone to drive:

  • While “under the influence” of drugs,11
  • While “under the combined influence” of drugs and alcohol,12 or
  • While addicted to any drug (unless receiving treatment for the addiction under an approved program).13

4. How does someone get arrested for driving under the influence of drugs?

A DUID investigation typically begins with a traffic stop. If the driver appears impaired, the officer will begin a DUI investigation.

During a DUI investigation, the officer may:

  • Ask the driver questions about the driver's drinking and/or drug use,
  • Ask the driver to take a preliminary alcohol screening (PAS) test on a handheld “breathalyzer,”
  • Ask the driver to perform one or more field sobriety tests (FSTs),
  • Look for physical symptoms of intoxication (such as dilated or constricted pupils), and/or
  • Look to see if there are any drugs or drug paraphernalia visible in the vehicle.

If the driver's blood alcohol concentration (“BAC”) is below the applicable “legal limit” but the driver still appears intoxicated, the officer may suspect drug use. The officer might then call a drug recognition expert (DRE) to come to the scene to evaluate the driver.

5. What is a drug recognition expert?

A drug recognition expert (DRE) is a law enforcement officer with special training. The special training helps the officer identify when someone is under the influence of narcotics.

The DRE program started in the Los Angeles Police Department (LAPD). It is now run by the California Highway Patrol (CHP). Law enforcement agencies throughout the country currently use this program.

Not all California counties have DREs. So a driver suspected of DUID may or may not be subject to a DRE evaluation.

The 12-step drug impairment evaluation

In California, the DRE takes over the DUI investigation once he/she arrives. The DRE then conducts a 12-step evaluation that includes:

  • Confirming that the driver's BAC is not indicative of alcohol impairment,
  • Interviewing the arresting officer,
  • Checking the driver's physical symptoms, including:
    • Pulse rate (multiple times),
    • Pupil size,
    • Traces of drugs in the mouth or the nostrils,
    • Muscle tone (as certain drugs can cause muscles to become rigid or flaccid), and/or
    • “Track marks” on possible injection sites;
  • Conducting an eye "tracking exam" to check for horizontal gaze nystagmus (HGN) (an involuntary "jerking of the eye" that might indicate drug consumption),
  • Re-administering field sobriety tests (FSTs), such as:
  • Asking the driver about drug use and otherwise observing the driver's behavior, and/or
  • Asking the driver to submit to a DUI blood test and/or urine test.
california hgn test dui drugs legal defense attorneys
California law enforcement drug experts often use field sobriety tests--such as the “horizontal gaze nystagmus” (HGN) test—to test for signs of drug impairment.

Where does an evaluation by a drug recognition expert take place?

The DRE's evaluation ideally takes place in a well-lit, controlled area (for example, at a police station). This allows for a better evaluation than on a roadside where a typical DUI investigation takes place.

The DRE will then form an opinion as to whether drug use is causing the driver's impairment and, if so, what type of drug(s) it might be.

A driver's rights during the DRE investigation

A driver does NOT have to answer the DRE's questions or take any field sobriety tests. A driver can always exercise his/her Fifth Amendment right against self-incrimination.14

And unless and until the driver has been placed under arrest, there are no consequences for a chemical test refusal unless:

  • The driver is currently on DUI probation,15 or
  • The driver is under 21.

For more information, underage drivers may wish to review our articles on underage DUI and California's “zero tolerance” law for underage drivers.16

6. The Vehicle Code 23152(f) arrest

Once an officer believes there is probable cause for a DUI arrest, the officer can take the driver into custody. Contrary to popular perception, the driver does not always immediately need to be read his or her Miranda rights in a California DUI case.

A Miranda warning will only be given in a DUID case when:

  1. A driver is in custody and not free to leave, AND
  2. The police want to ask the driver questions designed to elicit incriminating answers.17

Questions designed to elicit incriminating answers might include:

  • What drugs did you take tonight?
  • How much of the drug did you do?
  • Were you stoned when you got into the car?

Note that police do NOT need to read a Miranda warning when asking those same questions during the DUI investigation phase (i.e., BEFORE a driver has been arrested).

Evidentiary DUI chemical test for alcohol and/or drugs

Normally, when someone is arrested for driving under the influence, he/she is given the choice of taking either a DUI breath test or a DUI blood test.18

Someone who has been arrested may not legally refuse to take a chemical test. The driver must take an “evidentiary” chemical test even if he/she has already taken a PAS test on a handheld Breathalyzer.19 Refusing to take a chemical test has consequences (including an automatic suspension of the driver's license).

When a DUI blood test is required under California law

Under certain conditions, law enforcement can require a DUI blood test (even if the driver has already taken a post-arrest breath test). A driver can be required to take a blood test if:

  1. The officer has reasonable cause to believe that the driver was DUID or driving under the combined influence of drugs and alcohol, AND
  2. The officer has a clear indication that a blood test will reveal evidence of the person being under the influence.20

Often the police will wait to see whether a driver who chooses a breath test has a BAC that is over the legal limit. If so, they will often just charge the driver with:

But if the breath test comes back under the applicable limit and the driver appears to be impaired, the police will usually order a blood test.

Note that a driver's blood cannot be taken forcibly (without the driver's consent) in California, unless the police have a warrant.21

dui blood test california defense attorneys
California law requires a DUI blood test when an officer has reasonable cause to believe someone is driving under the influence of drugs (DUID).

7. How are blood tests used in a California DUID case?

After a driver is arrested on suspicion of DUID, his or her blood sample is sent out for a DUI blood toxicology screen. The screen lists the drugs (if any) that were detected in the driver's system.

The screen typically doesn't reveal the amount of drugs detected. It simply indicates whether the driver tested positive or negative for their presence.

If the driver tests positive for one or more drugs, the lab can then do a “quantitative analysis.” This can identify the amount of one or more substance in the driver's system.

Note that unlike California's “per se” DUI laws for alcohol, however, California's DUID law sets no specific threshold for drugs. This is because experts cannot agree what concentration of drugs in the bloodstream makes someone too impaired to drive.22

As the National Highway Traffic Safety Administration reports:

“[A]t the current time, specific drug concentration levels cannot be reliably equated with effects on driver performance.”

So California law simply states that it is illegal for someone to drive:

  • While “under the influence” of drugs,23
  • While “under the combined influence” of drugs and alcohol,24 or
  • While addicted to the use of any drug (unless the driver is getting treatment for the addiction under an approved program).25

What does a positive blood test prove?

Even though blood test results are not conclusive, a prosecutor–with the help of the DRE and/or an expert witness --can still use them to show:

  • That drugs were present in the driver's system,
  • How much of a drug was present, and
  • In some cases, a range of time for when the driver may have taken the drug.

But since none of this is considered conclusive regarding impairment, the prosecution will usually rely heavily on:

  • The observations of the arresting officer,
  • The observations of the DRE (if any), and
  • The testimony of expert witnesses.

8. What happens at a "DUI of drugs" trial in California?

8.1. The arresting officer testifies

A DUID trial begins with testimony from the arresting officer. The officer testifies about why he/she perceived the driver to be impaired. Facts the prosecutor might elicit from the officer include:

  • The driver's unsafe driving manner,
  • The driver's physical symptoms of intoxication, and
  • The driver's performance on a PAS breath test and field sobriety tests.

In short, everything the driver did "wrong" will be highlighted for the judge and jury.

The arresting officer's “standard testimony”

The arresting officer almost invariably testifies that the defendant was not "driving with the caution characteristic of a sober person.” The officer will typically also testify that the defendant exhibited "objective signs and symptoms of intoxication" such as:

  • Red and watery eyes,
  • Slurred speech,
  • A flushed face, and
  • An "unsteady gait".

If the defendant took field sobriety tests the officer will usually say that the driver "failed to perform the FSTs as explained and demonstrated."

Can a breath test be used against me in a DUI of drugs case?

Unlike in a standard drunk driving case, a "failed" breath test does not prove much in a DUID case. If the officer administered a roadside breathalyzer test, it may have shown little or no blood alcohol.

But the officer will testify that since alcohol could not account for the symptoms of impairment, he/she suspected there must have been drug use.

Such testimony is most useful to the prosecutor when the defendant raises lack of probable cause for an arrest as a DUID defense.

california dui defense attorneys fst breathalyzer
A “negative” California breath test can explain why an officer believed a driver was under the influence of drugs in a Vehicle Code 23152(f) or Vehicle Code 23152(g) case.

8.2. The Drug Recognition Expert (DRE) testifies

The testimony of a Drug Recognition Expert (DRE) is usually the most potent evidence in a DUID case under California Vehicle Code 23152(f) or 23152(g).

Part of the DRE's training includes lessons on how to testify in court. The local city or district attorney's office works with these officers to ensure they testify persuasively. As a result, the DRE usually comes across as very professional and polished.

The DRE will begin by testifying, at length, about his/her training and qualifications. The DRE will then testify about his/her three major responsibilities:

  • Confirming that the driver's level of impairment was not caused by alcohol impairment alone,
  • Confirming that the driver was under the influence of drugs and not suffering from a medical condition, and
  • Concluding that the driver was under the influence of one or more specific "categories" of drugs.

How the DRE makes a case for impairment

The DRE will testify, in detail, about the 12-step evaluation process he or she went during the DUI investigation phase. In particular, the DRE will focus on the evidence supporting his or her conclusion about what category of drugs the driver was impaired by.

For instance, the DRE might conclude the driver was impaired by:

  • Marijuana,
  • A central nervous system depressant (such as valium or soma),
  • A central nervous system stimulant (such as amphetamines, cocaine or methamphetamines,
  • A hallucinogen (such as LSD, ecstasy, or magic mushrooms),
  • A narcotic analgesic (such as heroin, codeine or Vicodin),
  • PCP,
  • GHB, or
  • Any other drug not contained in one of these categories.

What if there was no DRE in my case?

When there was no DRE involved, a Vehicle Code 23152(f) or (g) case becomes more difficult to prove. Some arresting officers have received training in drug recognition.

But if the arresting officer did not receive such training and there was no DRE, an experienced California DUI lawyer may be able to successfully bring a motion to suppress any testimony by the officer about alleged drugged impairment.

Without that testimony, the charges will likely be reduced through a DUI plea bargain, if not entirely dismissed.

8.3. Results of the DUI blood test

The prosecution will then usually introduce the results (if any) of DUI blood tests. DUI blood test results typically take two forms:

  • A toxicology screen that indicates the presence of drugs, and
  • A quantitative analysis that indicates the amount(s) of any drug(s) detected by the toxicology screen.

An expert witness will then testify that the amount of drugs in the driver's system was consistent with studies showing impairment at that level.

For more information about the stages of a DUID trial, you may wish to read our article on “The Court Process in California DUI Cases.”

california dui blood test legal defense attorneys dui drugs
A “positive” DUI blood test does not prove conclusively that someone was driving under the influence of drugs (DUID) in California.

9. How to fight DUI drug charges

There are a number of general California DUI defenses that may apply to any DUI, including driving under the influence of drugs.

These types of defenses should always be explored by an experienced California DUID defense attorney in an effort to fight Vehicle Code 23152(f) or VC 23152(g) charges.

There are also defenses that are specific to fighting VC 23152(f) or VC 23152(g) charges.

Let's take a closer look at each of these types of defenses.

9.1. General DUI defenses

General defenses to driving under the influence include taking the position that:

  • There was no "probable cause" for law enforcement to initiate a traffic stop or DUI investigation;
  • The defendant was not properly advised of his/her "right to remain silent" and other Miranda rights before being interrogated; and/or
  • The police did properly follow California Code of Regulations Title 17 procedures for collecting, storing and analyzing breath, blood and/or urine samples.26

9.2. Defenses that are specific to DUID

Certain legal defenses are specific to charges of DUID under Vehicle Code sections 23152(f) and (g). Of these, the most powerful is that having drugs in one's system does not necessarily mean a driver is “under their influence.”27

There is no scientific correlation between the quantity of a drug in one's system and one's impairment.

Some people are affected by drugs more than other people. Also, over time, people develop a “tolerance” to drugs they use on a regular basis. This creates the apparently odd result that people who do more drugs are actually less likely to be impaired by drugs in their system than casual users.

The “detection window” for drugs

The “detection window” is the length of time a drug can be detected in someone's blood or urine following use or ingestion. The detection window is generally longer than the amount of time in which someone will be high.

Blood and urine detection windows for some common drugs include28:

Drug

Blood

Urine

MJ – single use

12-24 hours

1-7+ days

MJ – regular use

2-7 days

7-100 days

Amphetamines

24 hours

1-3 days

Cocaine

1-3 days

1-3 days

Opioids/heroin

1-3 days

1-4 days

PCP

1-3 days

1-3 days

The precise drug detection window can be affected by a wide range of factors such as a user's:

  • Height,
  • Weight,
  • Metabolism,
  • History of use of the drug,
  • Tolerance, and
  • Method of ingesting the drug.

All these factors and more affect how long someone will be under the influence of a drug and how long it will remain in his or her system.

Example: John gets pulled over for a running a red light. When he reaches for his license and registration, his hands shake. The officer initiates a DUI investigation.

At the officer's request, John agrees to take a preliminary breath test. The test results show that John has not used alcohol. But, the officer smells marijuana on John's clothes, so the officer requests a DRE, whom concludes that John was driving under the influence of marijuana.

But, in fact, the odor came from a topical marijuana cream that John uses to treat his arthritis. John also occasionally smokes high-CBD/low-THC marijuana. Both these forms of marijuana are used to treat chronic pain. Neither makes a user high.29

In any case, John had not used marijuana in any form for several days. His shaky hands were the result of his arthritis and lack of sleep.

But marijuana can remain detectable in a chronic users blood for up to a week. So John's blood comes back positive for marijuana.

Fortunately, John's California DUI lawyer brings in John's medical records to address these points. He also knows to call an expert witness who testifies that in any case there is no conclusive link between marijuana and driving impairment.30

california marijuana dui legal defense attorneys
California has no “legal limit” for marijuana that would apply in a driving under the influence case.

"Innocent explanations" can mimic drug impairment

Numerous medical and physical conditions can mimic the signs of drug impairment. Common causes of similar symptoms include:

  • Lack of sleep/fatigue,
  • Allergies,
  • Sickness,
  • Diabetic ketoacidosis,
  • Injury, and
  • Anxiety or nervousness.

All these are innocent explanations that have nothing to do with drug impairment.

Even recognized symptoms of drug impairment can have other causes

Even recognized signs of drug impairment can sometimes be explained by something other than drug use. For example:

  • Horizontal gaze nystagmus (an involuntary jerking of the eye that is a symptom of drug impairment) naturally occurs in a certain percentage of the population;
  • Pupil size (a common indicator of drug use) can also be affected by nerves, excitement, darkness, and light; and
  • Poor balance may be due to an old injury, inner ear disorder, or uncomfortable footwear (such as steel boots or high heels).

Chemical test results aren't always accurate

Even when a DUI blood or urine or test comes back positive for drugs, it does not always mean the results are right. Chemical tests in VC 23152(f) and (g) cases may be invalid because of:

  • Contaminated medical equipment,
  • Improperly drawn blood,
  • Improper storage of the samples, and/or
  • Improper handling of the samples.31

According to Los Angeles DUI defense attorney John Murray32:

"California drugged driving cases present inherent problems for the prosecution, since there is no ‘scientific' way to prove that someone is under a drug's influence. My associates and I stay up on the latest research so that we know the most persuasive arguments to convey this to prosecutors, judges and juries."

9.3. The importance of a “blood split” in California DUID cases

Under California DUI laws, law enforcement must save a portion of a DUI blood draw for up to one year for retesting by the defendant.33 This means the defense team can have its own "quantitative analysis" performed.

To get the blood for retesting, the defense requests it from the prosecution or files a California “blood split” motion. The arresting agency will then send a portion of the blood sample to a laboratory of the defendant's choosing for independent retesting (at the defendant's expense).

We conduct blood splits in virtually every Vehicle Code 23152(f) and Vehicle Code 23152(g) DUI case we handle. Unlike the prosecution, the defense does not need to turn unhelpful evidence over to the other side. So we can use the results of the blood split retesting if they are helpful and disregard them if they are not.

group counseling dui drugs california legal defense attorneys
Penalties for a first-time DUID conviction under California Vehicle Code 23152(f) or (g) usually include probation and counseling rather than jail time

10. Vehicle Code 23152(f) penalties

Driving under the influence of drugs is most commonly charged as a misdemeanor in California. It is typically only charged as a felony if:

  • It is the defendant's fourth or subsequent DUI offense,34
  • The defendant has a prior conviction for even one felony DUI,35 or
  • A third party was seriously injured or killed as a result of the defendant's drugged driving or it is the defendant's third or subsequent DUI causing injury.36

10.1. Consequences of a first DUID in California

Absent injury to a third party, most California counties do not impose jail for a first- time DUID.

Rather penalties for a first-time conviction for DUID typically include:

  • Three to five years of informal DUI probation,
  • A minimum $390 fine (which, after penalties and assessments is usually around $1,800),
  • A DMV driver's license suspension for at least six months, and
  • A minimum three-month drug education class, known as California DUI school.37

In a worst-case scenario, the sentence can include up to six months in a county jail. But this is typically not imposed for a first DUID offense.

10.2. Punishment for a subsequent DUI drug conviction

The penalties for second and subsequent DUID offenses typically include fines, probation, and DUI school.

There is also a longer driver's license suspension as well as a mandatory minimum jail sentence that automatically increases with each subsequent DUI or “wet reckless” conviction.

10.3. Felony DUID punishment

Depending on the specific charge and the defendant's criminal history (if any) penalties for felony driving under the influence of drugs can include:

  • 16 months – four years in jail or prison,
  • A fine of $1,000-$5,000, and
  • Suspension or revocation of the driver's license for at least one year.38

In some cases, it may be possible for a defendant to be sentenced to formal (felony) probation in lieu of some or all of the jail/prison time.

10.4. Factors that help determine a California DUID sentence

Penalties for a California DUI of drugs conviction can vary a great deal. Factors a judge will consider during sentencing include:

  • The defendant's criminal history (if any), including prior DUIs or “wet” convictions,
  • The circumstances of the offense,
  • Whether any third parties were injured, and
  • Whether the defendant would benefit from a program of drug treatment.

10.5. Is drug diversion available for VC 23152(f) or VC 23152(g) charges?

People charged with Vehicle Code 23152(f) or (g) are not eligible for California drug diversion programs.

But an experienced California DUI defense attorney might be able to convince the prosecutor and/or judge to drop the DUID charges. Instead, the defendant would plead to Health and Safety Code 11550 HS, California's law against “being under the influence of a controlled substance.”

This would allow a defendant who is a first-time drug offender to participate in a diversion program such as:

  • PC 1000 drug diversion (for simple possession),
  • “Proposition 36” drug diversion (for non-violent offenders), or
  • California drug court.

These programs allow a defendant to participate in a pretrial program of education and counseling. If the defendant successfully completes the program, the charges will be dismissed.

The upside to this approach is that there is potentially no conviction whatsoever on the defendant's record.

But the downside is that HS 11550 carries a maximum sentence of one year in jail. So if the defendant does not complete treatment, this longer sentence could be imposed.

10.6. Penalties for chemical test refusals

A defendant who is arrested for DUID may wonder whether it makes sense to refuse to take a blood or urine test for drugs.

The short answer is that this is a personal decision. A defendant who refuses to take a chemical test for DUI faces consequences including:

  • Automatic suspension of the driver's license by the DMV for at least one year; and
  • A mandatory county jail sentence of at least 48 hours if the defendant is nevertheless convicted of DUI or DUID.39

It is very difficult to challenge this suspension (whereas there are many ways to defend against a DUID charge). And if it is a first offense and no one was injured, the chances that the defendant will be sentenced to jail are slim.

But a chemical test refusal may keep the defendant from being convicted of driving under the influence. Conviction of any DUI offense will count as a prior offense if the driver suffers another conviction within the next ten years. And it will most likely raise insurance rates.

cocaine drugs california dui defense attorneys
California law makes it a crime to drive while addiction to any drug, even if the driver is not DUID at the time of the arrest.

10.7. Driving while addicted to a drug

Vehicle Code 23152 (c), California's law on “driving while addicted,” makes it illegal to drive while addicted to any drug. This obscure crime is a form of DUI and carries the same penalties as DUI drugs.

An exception is if the person is currently participating in an approved drug treatment program (but it is still illegal to drive while high).40

VC 23152(c) does require the prosecutor to prove that a driver was actually addicted to drugs, and not just a casual or even a habitual user.

Prosecutors most often charge this offense when their DUID case is weak but the driver's blood or urine test results came back positive.

10.8. Drug use or possession penalties

Drivers who test positive for illegal narcotics are sometimes also charged with Health and Safety Code 11550, being under the influence of a controlled substance. Or if drugs or paraphernalia are found in the vehicle or on the driver's person, they may be charged with:

Drugs that commonly lead to such charges include cocaine, heroin, "meth," GHB, and PCP.

Charged with driving under the influence of drugs in California? Call us for help…

If you were charged with DUID under California Vehicle Code 23152(f) or 23152(g), we invite you to contact us for a free consultation.

Call us at 855-LAWFIRM or fill out the form on this page to discuss your case in confidence with an experienced California DUI lawyer.

We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and several nearby cities.

We also have offices in Las Vegas and Reno that defend people charged with driving under the influence of drugs in Nevada.

Legal References:

  1. California Vehicle Code 23152(f): “It is unlawful for a person who is under the influence of any drug to drive a vehicle.”

  2. California Vehicle Code 23152(g): “It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.”

    See also California Criminal Jury Instructions (CALCRIM) 2110. Driving Under the Influence: “A person is under the influence if, as a result of (drinking [or consuming] an alcoholic beverage/ [and/or] taking a drug), his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.”

  3. Vehicle Code 13552 VC.

  4. Vehicle Code 23550 VC.

  5. Vehicle Code 23550.5 VC.

  6. See Vehicle Code 23554 [DUI causing injury, which is a so-called “wobbler” offense], and Vehicle Code 23566 [third or subsequent DUI causing injury, which must be charged as a felony].

  7. Vehicle Code 23550 VC; Vehicle Code 23566 VC.

  8. Same.

  9. See, e.g., National Highway Traffic Safety Administration, “Drug-Impaired Driving: Understanding the Problem and Ways to Reduce It—A Report to Congress,” p 3: “[A]t the current time, specific drug concentration levels cannot be reliably equated with effects on driver performance.”

  10. Same.

  11. Vehicle Code 23152(f).

  12. Vehicle Code 23152(g).

  13. See Vehicle Code 23152(c): “(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.”

  14. United States Constitution, Amendment V: “No person… shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law…”

  15. Vehicle Code 23154 (c)(1).

  16. Vehicle Code 23136 VC.

  17. Miranda v. Arizona (1966) 384 U.S. 436. (“Prior to any questioning the person must be warned that he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of an attorney, either retained or appointed.”).

  18. Vehicle Code 23612 (a)(2)(B): “If the person is lawfully arrested for driving under the influence of any drug or the combined influence of an alcoholic beverage and any drug, the person has the choice of whether the test shall be of his or her blood or breath, and the officer shall advise the person that he or she has that choice.”

  19. California Vehicle Code 23612(a) (1) VC: “A person who drives a motor vehicle is deemed to have given his or her consent to chemical testing of his or her blood or breath for the purpose of determining the alcoholic content of his or her blood, if lawfully arrested for an offense allegedly committed in violation of Section 23140 [under 21 DUI], 23152 [DUI], or 23153 [DUI causing injury]…”

  20. Vehicle Code 23612 (a)(2)(C): “A person who chooses to submit to a breath test may also be requested to submit to a blood test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood test will reveal evidence of the person being under the influence. The officer shall state in his or her report the facts upon which that belief and that clear indication are based. The officer shall advise the person that he or she is required to submit to an additional test.”

  21. See Birchfield v. North Dakota (2016) 579 U.S. ____, 136 S.Ct. 2160.

  22. See, e.g., National Highway Traffic Safety Administration, “Drug-Impaired Driving: Understanding the Problem and Ways to Reduce It—A Report to Congress,” p 3: “[A]t the current time, specific drug concentration levels cannot be reliably equated with effects on driver performance.”

  23. Vehicle Code 23152(f).

  24. Vehicle Code 23152(g).

  25. See Vehicle Code 23152(c): “(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.”

  26. See Title 17 of the California Code of Regulations (“CCR”) sections 1215-1221, pertaining to DUI chemical testing.

  27. See, National Highway Traffic Safety Administration report, endnote 21.

  28. California NORML Guide, Interpreting Drug Test Results.

  29. See, e.g., Ethan B. Russo, “Cannabinoids in the management of difficult to treat pain.”

  30. National Highway Traffic Safety Administration report, endnote 21.

  31. See 17 CCR Title 17 regulations, sections 1215-1221.

  32. Los Angeles DUI defense attorney John Murray represents clients accused of violating California's DUI of drugs laws at the Ventura Hall of Justice, the Van Nuys courthouse, the Pasadena courthouse, the Burbank courthouse, the Glendale courthouse, the Lancaster courthouse, the San Fernando courthouse, and the Criminal Courts Building.

  33. 17 CCR 1219.1(f).

  34. Vehicle Code 23550 VC [multiple convictions]

  35. Vehicle Code 23550.5 VC.

  36. See Vehicle Code 23554 [DUI causing injury, which is a so-called California “wobbler” offense], and Vehicle Code 23566 [third or subsequent DUI causing injury, which must be charged as a felony].

  37. Vehicle Code 23536 VC.

  38. Vehicle Code 13352 VC.

  39. See Vehicle Code 23578 [DUI punishments] and Vehicle Code 13353 VC [penalties for chemical test refusal].

  40. Vehicle Code 23152(c): “It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.”

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