DUI Drugs in Orange County: What the DA has to Prove

Law Offices of EJ Stopyro
Orange County DUI Lawyers
DUI Attorney in Orange County

California Vehicle Code Section 23152(a) states: “It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” (emphasis added) You’ll notice that there is no limit on the amount of drug or alcohol that is in your system, such as .08%. This means that the prosecution doesn’t have to show that you had a certain amount of drugs or alcohol in your system; rather, they must prove that you were 1) driving and; 2) under the influence at the time of driving in order to convict you of a drug dui in Orange County.

So, what exactly does it mean to be under the influence for purposes of being convicted of a drug-related DUI? Well, as any drug DUI lawyerin Orange County will tell you, according to the California Supreme Court, a person is “under the influence” for DUI purposes if, as a result of taking a drug or drugs, that person’s mental or physical abilities are so impaired that he or she is no longer capable to drive the vehicle with the caution of a sober person, using ordinary care, under similar circumstances. Moreover, in order to convict you of a drug DUI the prosecution must prove that the drug you took could affect your nervous system, brain, or muscles so as to impair, “to an appreciable degree”, your ability to drive a vehicle. (California Vehicle Code Section 312)

This is why field sobriety tests play such a big role in OrangeCounty drug DUI cases. The results are often the DA’s best evidence that your nervous system, brain or muscles were impaired to an appreciable degree. Of course, if you were arrested for a drug DUI in Orange County you were not afforded the option of taking a breath test. A blood test is mandatory when the arrest is for a drug related DUI arrest in Orange County. The blood test will provide a qualitative and quantitative result of which drugs were in your system and how much.

As for the DMV, a blood test that results in a blood-alcohol reading below a .08% will not trigger an APS suspension, which will save you from the DMV hearing. However, a license suspension will still result from a conviction for a DUI as a result of the court proceedings, whether the DUI is based on alcohol or drugs.

So if you’ve been charged with a drug DUI in Orange County it is important that you consult with an Orange County Drug DUI attorney. Call the Law Offices of EJ Stopyro at (949) 559-5500 to consult with an OrangeCounty drug DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.

 

Law Offices of EJ Stopyro

DUI Lawyer in Orange County
Orange County DUI Attorneys