Although driving under the influence of alcohol is by far the most common type of DUI, there are also plenty of arrests and prosecutions by the Orange County DA for driving under the influence of drugs—be it prescription drugs or illicit drugs, such as heroin, marijuana, cocaine and methamphetamine. However, as DUI Attorneys in Orange County know, it can be harder for the district attorney to get a conviction for driving under the influence of drugs DUI drugs than for an alcohol related DUI.
That’s because the DUI law, California Vehicle Code Section 23152(b), makes it illegal to drive with a particular level of alcohol in your blood—can’t drive with 0.08% or more. It can be hard for Your Orange County DUI Lawyer to fight a blood-test result. But for DUI drugs there is no set limit of drug that is allowed. Instead, the prosecutor must prove that the driver was so impaired by the drug that he or she was not able to operate a motor vehicle with the same care and caution customary of a sober person. Some drugs, like methamphetamine, can actually improve driving. That makes it difficult to get a conviction for DUI drugs.
Some fun facts about methamphetamine that I’ve learned while working as a DUI Attorney in Orange County are: There are two types or isomers of methamphetamine; D- and L-. The D- type is the one used illicitly. L- type found in non-prescription inhalers has a different effect. Doses of 5 to 10 milligrams of methamphetamine typically result in blood concentrations between 20 and 60 ng/ml. One study of smoked methamphetamine found a peak blood concentration of 30 ng/ml one hour after a single dose of 10 milligrams of methamphetamine. In another study peal plasma concentrations were achieved in 3.6 hours where dose was orally given. Amphetamine is the major metabolite of methamphetamine.
In the Cook study, known by some of us criminal defense lawyers in Orange County, a 30mg dose was administered in a pipe (smoked). Plasma rates rose rapidly and plateaued at 40 – 44 ng/ml after one hour. Rose slightly for the next hour. Concentrations then declined—after 8 hours plasma levels were the same as after 30 minutes. DUI Lawyers know the average half-life elimination of methamphetamine is 11.7 hours with a range of 8 to 17. Plasma concentration time curves for smoked or orally ingested methamphetamine are similar. However, there is a more rapid rise for the smoked methamphetamine. Maximum concentrations of methamphetamine were achieved in 3.1 hours for orally ingested methamphetamine and in 2.5 to 2.7 hours for nasally snorted meth.
If you face charges for DUI with injury, felony DUI, or DUI with priors, call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential consultation. Or visit our website at www.EJEsquire.com. We have office locations at 19601 Newport Blvd., Suite 350, Costa Mesa, CA 92627 and 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675.
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