Drug DUI Lawyer in San Bernardino County

Arrested for Driving Under the Influence of Marijuana or Another Drug? We Can Help.

When most people think of DUI charges, they picture alcohol-related arrests. But in California, driving under the influence includes impairment from illegal drugs, prescription medications, over-the-counter drugs—and even marijuana. If you’ve been charged with a drug DUI, your freedom, driver’s license, and future are at risk.

At Patrick Silva, Attorneys at Law, we fight aggressively to protect your rights and provide the strategic defense you need. Whether your case involves marijuana, a prescription drug, or another controlled substance, we’ll fight to keep your record clean and your driving privileges intact.

What Is Considered a Drug DUI in California?

A drug DUI (sometimes called “drugged driving”) occurs when a driver is impaired by any substance—legal or illegal—that affects their ability to safely operate a vehicle. This includes:

• Marijuana (THC)
• Illicit drugs (e.g., cocaine, methamphetamine, heroin, LSD)
• Prescription drugs (e.g., Valium, Vicodin, antidepressants)
• Over-the-counter (OTC) medications (e.g., antihistamines, decongestants, sleep aids)
• Medical marijuana, even with a valid card

California law doesn’t set a specific legal limit for drugs like it does for alcohol (0.08% BAC), which makes drug DUI charges more complex—and often more defensible.

How Do Police Detect Drug Impairment?

Unlike alcohol, drugs don’t have a universally accepted threshold for impairment. Police rely on a combination of tools, including:

• Field Sobriety Tests
• Drug Recognition Experts (DREs) who look for physical and behavioral signs of impairment
• Blood and urine tests, which can detect the presence of drugs but not necessarily prove impairment at the time of driving

This lack of clarity often works in your favor—especially when your lawyer knows how to challenge faulty procedures or inconclusive evidence.

Marijuana DUI in California: What You Should Know

Even though recreational marijuana is legal in California, driving under the influence of marijuana is still a crime. If a police officer believes your driving is impaired by THC, you can be arrested—even if you only consumed a small amount or have a medical marijuana card.

Marijuana DUIs are charged the same way as alcohol DUIs:

• Misdemeanor charges for first-time offenses (unless injury or aggravating factors are involved)
• Penalties: Up to 6 months in jail, $1,000 in fines, and a license suspension of up to 10 months
• No “legal limit” for THC: Any amount may result in arrest if impairment is suspected

Field sobriety tests and chemical tests are often unreliable for marijuana, especially for frequent users. This gives your attorney an opportunity to challenge the accuracy of the evidence.

What Are the Penalties for Drug DUI Convictions?

Whether your case involves marijuana, prescription medication, or other drugs, you could face serious consequences if convicted:

• Jail time (96 hours to 6 months for a first offense)
• Fines of up to $1,000 (plus court fees and DUI program costs)
• Driver’s license suspension (6–10 months or longer)
• A permanent mark on your criminal record
• Loss of employment opportunities, professional licenses, or gun rights
• Increased penalties for repeat offenses, accidents, or having a minor in the car

Commonly Impairing Drugs and Their Effects

Different substances impact drivers in different ways. Here are just a few examples:

Marijuana (THC)
Drowsiness, distorted perception, slower reaction time, paranoia

Cocaine
Overconfidence, agitation, confusion, erratic behavior

Methamphetamine
Insomnia, aggression, hallucinations, poor impulse control

Heroin & Morphine
Extreme drowsiness, slowed reflexes, disorientation

LSD
Hallucinations, impaired depth perception, altered mental state

Prescription Medications (e.g., Valium, Hydrocodone)
Sedation, dizziness, impaired concentration

OTC Drugs (e.g., antihistamines, decongestants, sleep aids)
Drowsiness, slower reaction times, blurred vision

Even herbal supplements and cold medicines can cause impairment. That’s why it’s critical to read drug warning labels and consult your doctor or pharmacist before driving.

Defense Strategies We Use to Fight Drug DUI Charges

Our drug driving attorneys know how to dismantle weak prosecutions and flawed investigations. Some of the defense strategies we may use include:

• Illegal traffic stop – No probable cause for the initial stop
• Improperly conducted field sobriety tests
• Unreliable drug testing – Blood/urine tests don’t measure real-time impairment
• Medical conditions or other causes of symptoms
• Lack of evidence – No video footage, no corroborating witnesses
• Miranda rights or constitutional violations

What If You Refused a Drug Test?

Refusing a chemical test can lead to automatic license suspension for one year—even if you’re ultimately not convicted. However, we may be able to challenge the refusal if:

• You were not properly advised of the consequences
• You were coerced or confused about your rights
• The officer lacked probable cause to request the test

Should You Hire a San Bernardino Drug DUI Lawyer?

Absolutely. Drug DUI cases are more complex than alcohol-related cases, and the evidence is often far less reliable. When your freedom and future are on the line, you need a lawyer who knows how to challenge field sobriety tests, fight against questionable lab results, and negotiate reduced charges or case dismissals.

Why Choose Patrick Silva, Attorneys at Law?

• Decades of experience handling DUI and drug-related cases
• Aggressive defense in San Bernardino, Riverside, and Los Angeles Counties
• Free consultation to evaluate your case and legal options
• Compassionate representation focused on protecting your future

You deserve a defense that won’t back down. Call Patrick Silva, Attorneys at Law, today at 909-500-4819 to schedule your free case review. We’ll fight to keep your record clean and your life on track.