DUID Lawyer in Santa Barbara
A Drug Test Alone Doesn’t Establish Impairment
California law prohibits driving under the influence of drugs as well as alcohol, including prescription and over-the-counter medications that affect driving ability. A drug DUI allegation concerns whether a substance impaired your ability to drive safely at the time of the stop, not simply whether a test detected a substance.
A DUID charge may involve any of the following:
- Marijuana
- Cocaine
- Ecstasy
- Methamphetamine
- Prescription drugs, such as Vicodin
- Over-the-counter medications, such as diphenhydramine
If you have been arrested for driving under the influence of drugs (DUID) in California, our Santa Barbara DUI lawyers can evaluate the circumstances of the stop, the alleged substance, and the evidence prosecutors may use to claim impairment.
Call us for a free consultation with a DUID lawyer in Santa Barbara. We’re available 24/7 to discuss the stop, testing, and what comes next.
DUID Penalties
California Vehicle Code section 23152 prohibits driving while under the influence of a drug and driving while under the combined influence of alcohol and drugs. Unlike alcohol DUI allegations, drug-only DUI cases don’t have a fixed per se blood threshold that alone establishes impairment. A DUID is typically charged as a misdemeanor, although the alleged offense, prior record, injury allegations, and current California law can affect the potential consequences.
However, a DUID offense can be charged as a felony if:
- It is a fourth or subsequent DUI offense within the applicable period
- You have a prior felony DUI conviction
- Driving results in an accident that causes injury to another person
Potential consequences can include criminal penalties, financial obligations, a DUI education program, and effects on driving privileges. Court penalties and DMV consequences arise through separate processes. A drug-only DUI arrest doesn’t trigger California’s alcohol-focused Administrative Per Se license suspension process, but a drug-only DUI conviction can result in a DMV license suspension or revocation.
Cannabis-Impaired Driving Allegations
California permits cannabis use in specified circumstances, but it remains illegal to drive while impaired by cannabis. A cannabis-impaired driving allegation may involve smoked, vaped, edible, medicinal, or recreational products.
Lawful possession or use doesn’t resolve the question of impairment. Officers and prosecutors may rely on driving observations, physical signs, field sobriety tests, statements, and blood testing. THC may be present in a blood sample without, by itself, showing how cannabis affected driving at the time of the incident.
Prescription & Over-the-Counter Medication DUI
A prescription medication DUI allegation can involve medication taken lawfully and as directed. Taking medication as prescribed may be relevant, but it doesn’t prevent prosecutors from alleging impairment. California DUI laws also apply to over-the-counter medication when it affects a person’s ability to drive safely.
Sleep aids, pain medication, antidepressants, stimulants, muscle relaxants, allergy medications, sedatives, and anti-anxiety drugs can become part of an impaired-driving allegation. Reviewing a medication-related case may require attention to the prescription, dosage, timing, side effects, possible interactions, medical conditions, and the driver’s observed conduct.
Evidence in a California DUID Case
Drug DUI investigations often rely on more than one type of evidence. A drug recognition evaluation is an officer’s assessment of possible drug impairment based on observations that can include pulse, pupil size, coordination, and other physical indicators.
Our attorneys can review the traffic stop, driving pattern, field sobriety tests, officer observations, and blood and urine testing. We may visit the arrest location, examine the arresting officer’s background, reanalyze blood samples, subpoena and cross-examine officers, and identify weaknesses in the prosecution’s case. A test result may indicate that a substance was present, but it doesn’t, by itself, establish impairment while driving.
Have a Former Deputy District Attorney on Your Side
At Appel & Morse, our firm is led by a husband-and-wife team of former prosecutors. That experience informs how we evaluate the evidence and anticipate how prosecutors may approach a DUID allegation.
We have advocated for local clients since 2003 and bring more than 50 years of combined legal experience to criminal defense matters. We handle fewer cases so we can provide focused advocacy and substantial attention to each matter. If you need a DUID attorney in Santa Barbara, we offer free consultations, flexible appointment times, payment plans, and 24/7 availability for urgent advice.
Contact our Santa Barbara DUI attorneys to schedule your complimentary consultation and review your DUID arrest, testing, and next steps.
