Drugged Driving

Drugged Driving Defense

Arrested for driving under the influence of drugs?

One type of DUI arrest that has been increasing in regularity is the drugged driving arrest, that is, the accusation of driving under the influence of drugs. According to the state of California's DUI law, Vehicle Code § 23152,

(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. (e) It is unlawful for a person who is under the influence of any drug to drive a vehicle. (f) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

Pursuant to this section of the vehicle code, law enforcement could potentially arrest and charge a driver with DUI for having lawful prescription drugs in their system if they believed it impaired their driving.

The Problem With Drugged Driving

The major problem with drugged driving legislation is that drug impairment is not easy to measure. Unlike alcohol intoxication, there is not a blood concentration at which you can say a person is "under the influence" of a drug. Some states have proposed enacting these limits for drugged driving charges. For example, maximum THC levels (the active ingredient in marijuana).

On September 29, 2012, California Governor Jerry Brown signed Assembly Bill 2552 into law which made California one of only three total states to separate the offenses of drunk driving, drugged driving, and combination drunk and drugged driving.

Drugged Driving Legislation

California is heightening its focus on drugged drivers due to data that indicates the practice is becoming a serious problem. In 2009, nearly 4,000 fatally injured drivers tested positive for drugs. The National Highway Traffic Safety Association (NHTSA) has also gathered that approximately 13% of all weekend and nighttime drivers have some type of drug in their system.

Call Our DUI Defense Attorneys

Gold & Witham is committed to aggressive defense against drunk and drugged driving charges. If you were arrested for driving under the influence of drugs, trust our seasoned defense and effective strategies for your case. We are available 24/7 to take your calls, and provide free and confidential case evaluations. Take the next step in your defense and contact Gold & Witham.

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