Non-Prescription Drug DUI

Offering Excellent Legal Counsel and Representation to Clients in Difficult Circumstances

The offense of driving under the influence, or DUI, typically relates to alcohol intoxication. However, alcohol is just one of countless substances that can impair one’s ability to operate a motor vehicle. Driving under the influence of drugs — including prescription medications and illegal drugs — can also result in DUI charges. Different drugs affect drivers in different ways. But those that impair judgment, alertness, concentration, or motor skills are considered just as (if not more) dangerous than alcohol.

A 2010 survey by the Substance Abuse and Mental Health Services Administration (SAMHSA) found that roughly 10 million Americans drove under the influence of illegal drugs in the previous year. More than 18 percent of fatally injured drivers tested positive for at least one illegal or prescription drug in 2009, according to a study by the National Highway Traffic Safety Administration (NHTSA). Another NHTSA survey found that one in five motorists killed in car crashes in 2009 tested positive for drugs.

In addition to the physical dangers of driving under the influence, you put yourself at legal and financial risk by driving while using drugs. Facing a DUI for drug impairment is no less serious than a DUI for alcohol use while driving. You could be sentenced to months or years in jail and be charged thousands of dollars in fines. You may also face the social stigma of a drug conviction, including difficulty finding employment and housing. You could even lose your driver’s license, gun privileges, and immigration status.

For help defeating a DUI involving drugs, please contact a trusted DUI attorney immediately. You are in especially great legal danger if you have a prior DUI conviction. With the help of knowledgeable DUI lawyers, you can avoid a serious conviction and protect your freedom. Contact our law firm now to schedule a free consultation where you can get answers and start to develop a defense that matches your needs. Call Patrick Silva, Attorneys at Law at 909-500-4819 to get started.

How Is Drug Impairment Measured in California?

Driving with a blood-alcohol concentration (BAC) above a certain level — typically 0.08 percent or higher — is illegal in all 50 states. Alcohol is flushed from the body rapidly, so it’s relatively easy to measure a motorist’s BAC at the time of a traffic stop. Breathalyzer tests are quite accurate, with readings of 0.08 percent or higher, often resulting in a guilty plea or conviction on DUI charges if the traffic stop was carried out according to proper protocol. That’s not the case with drugs other than alcohol.

For example, the psychoactive component of marijuana (THC) is detectable in a person’s urine or bloodstream for up to four or five weeks after use, and there is no way to conclusively detect actual impairment at a particular time. Cocaine, on the other hand, typically leaves the body after just a day or two. NHTSA admitted in a letter to Congress that current knowledge about drugs other than alcohol is “insufficient to allow the identification of dosage limits that are related to elevated crash risk.”

Some jurisdictions use what are called “Drug Recognition Experts” (DREs) — specially trained police officers who follow specific guidelines to determine drug impairment in motorists. DREs closely examine a person’s eye movements, behavior, and other cues pointing to drug influence. Forty-four states and the District of Columbia have Drug Evaluation and Classification Programs in place to train DREs. The presence of drugs is typically measured through urinalysis or a blood sample.

Protecting your rights is crucial when dealing with such nuanced charges as drug-related DUIs. When you are facing a DUI/drugs conviction, you need urgent legal counsel and representation. Contact our law firm for help defeating your DUI offense and getting your life back.

What Are Drugged Driving “Per Se” Laws?

While it’s more difficult to prosecute motorists charged with driving under the influence of drugs rather than alcohol, 15 states have what are known as “per se” drugged driving laws. Such DUI laws make it illegal to operate a motor vehicle with any detectable amount of certain drugs in one’s system.

The 15 states that have per se drugged driving laws for all drivers are Arizona, Delaware, Georgia, Illinois, Indiana, Iowa, Michigan, Minnesota, Nevada, Ohio, Pennsylvania, Rhode Island, Utah, Virginia, and Wisconsin. Three of these states (Nevada, Ohio, and Virginia) have specific limits for the presence of intoxicating drugs, while the other 12 have a zero-tolerance policy.

North Carolina and South Dakota, meanwhile, make it illegal for anyone younger than 21 to drive with any detectable amount of an illicit or otherwise prohibited drug while driving. In five states (California, Colorado, Idaho, Kansas, and West Virginia), it is illegal for certain known drug addicts or habitual drug users to drive a motor vehicle.

Although California may not have per se laws, drug-related DUI offenses are taken extremely seriously. Prosecutors begin almost immediately in building a case against the accused. You should not wait to get help from a Southern California law firm with experience handling DUI drug cases. Call our DUI defense team immediately to talk with our knowledgeable DUI charge lawyers.

What Are the Impairing Effects of Various Illegal Drugs?

Understanding the effects of drugs can help you know why these charges are so serious. Depending on the drug used, the person could experience symptoms that prevent them from following traffic laws or stopping in time to avoid a crash.

The following are some commonly used illegal drugs and their effects on drivers:

• Marijuana: Relaxation, euphoria, disorientation, altered time and space perception, drowsiness, paranoia, image distortion, increased heart rate
• Cocaine: Euphoria, excitation, dizziness, increased focus and alertness (initially), confusion and disoriented behavior, irritability, paranoia, aggressiveness, increased heart rate
• Methamphetamine: Euphoria, excitation, hallucinations, delusions, insomnia, poor impulse control, increased heart rate, increased blood pressure
• Morphine & Heroin: Intense euphoria, drowsiness, relaxation, sedation, disconnectedness, mental clouding, analgesia, depressed heart rate, nausea and vomiting, diminished reflexes
• LSD: Hallucinations, altered mental state, delusions, impaired depth, time and space perception, hypertension, tremors

Despite the severe nature of drug DUI cases, there are still ways to avoid the maximum sentencing. Certain defense strategies can protect the person’s rights and ensure they are not punished above what they deserve. Skilled lawyers like those at our law firm can also protect your driving privileges so you don’t lose your access to transportation. Contact us right away for help fighting your unique DUI drug charges.

How Are Prescription Drugs & Over-the-Counter Drugs Handled in California?

Some drugs legally purchased at a pharmacy, whether they’re prescribed by a doctor or bought over-the-counter (OTC), can be just as dangerous for motorists as alcohol and can trigger a DUI. Look for warning labels or ask your pharmacist if you are in doubt about a drug’s capacity for impairment.

Below are some common prescription and OTC drugs that can impair drivers:

• Antidepressants: Some sedating antidepressants cause impairment similar to drunk driving. Valium: 10 mg of the popular tranquilizer can cause impairment similar to having a blood-alcohol concentration of 0.10 percent
• Antihistamines: Many antihistamines slow reaction time and impair coordination
• Decongestants: Many over-the-counter decongestants can cause drowsiness, anxiety, and dizziness
• Sleeping Pills: Even in the morning, the residual effects of these drugs can impair drivers
• Hydrocodone: This common pain reliever, the main component of Vicodin, is similar to opiates and causes impairment similar to morphine and codeine (oxycodone has similar effects)

In some cases, herbal supplements can also impair a driver.

Our legal team will help inform you about the meaning of your DUI charges. We’ll stand by your side throughout the legal process to get you the most favorable results possible. Call now to learn more about how we can help.

How Does California Law Govern Medical Marijuana?

Motorists who live in states that permit the medical use of marijuana with a valid doctor’s recommendation may still be charged with a DUI. So, if the officer and/or drug recognition expert has gathered enough evidence of marijuana impairment, an otherwise valid medical exemption may not be used as a defense. In this regard, medical marijuana is no different than other prescription drugs with the potential for impairment.

In the State of California, medical marijuana is legalized for the use of treating various diseases and medical conditions. However, this does not excuse drivers who operate a vehicle while under the influence of drugs like marijuana. Driving while high dramatically increases your chances of an accident, including injuring someone else.

If you were pulled over for driving under the influence of marijuana, you could face charges of a misdemeanor case of DUI. With certain aggravating factors, the misdemeanor could be elevated to a felony DUI. However, the police officer must still respect your rights, including your right to an attorney. Contact our law firm for help getting the most favorable results possible in your marijuana DUI case.

Should You Hire Our Non-Prescription Drug DUI Lawyers?

While DUI charges involving alcohol are more straightforward — the BAC-testing devices used for alcohol are fairly accurate when used correctly — it gets trickier when other substances, such as over-the-counter medications, are involved. Since the level of impairment at any given time is difficult for officers to assess, a skilled attorney can often provide an effective defense to such charges.

A conviction could mean jail time, fines, and other negative consequences. However, there is still hope. Our legal team can uncover details that could get your charges reversed, such as failed field sobriety tests, inaccurate breathalyzer test readings, and more. We will hold law enforcement officers accountable for protecting your rights.

When you hire Patrick Silva, Attorneys at Law, you can rest assured that your case is in excellent hands. We will treat you with compassion and respect throughout your legal proceedings. If you have been charged with driving under the influence of drugs, have us review your charges at no cost. Call 909-500-4819 to schedule your free consultation with our talented legal team.