In
California you can be convicted of DUI drugs if you drive while under the
influence of any drug, whether an
illegal street drug like heroin, cocaine or methamphetamine or a completely
legal drug such as over-the-counter cold medicine. Any DUI lawyer will tell you
that If you take any substance and drive you should know this: if you are
pulled over and a police officer believes that your balance, coordination, or
mental abilities are so impaired that you cannot drive a car with the same
ability of an unimpaired person, then you will be arrested and charged with a
drug DUI. It will not make one bit of difference to the cop whether you took
Nyquil or smoked crack; If you appear to be impaired to the officer be ready to
take a ride in the back seat of the police car.
Of course,
the officer’s belief that you were impaired may justify arresting you for a
drug DUI but the District Attorney still must prove, beyond any reasonable doubt,
and against your skilled Orange County DUI attorney’s defense, that you were actually
impaired before a jury can convict you of DUI drugs. This can often be
difficult to do in a drug DUI case since there is no “magic number” to prove
impairment as there is in an alcohol DUI case. With alcohol, the DA need only
prove the driver had a blood-alcohol level of 0.08% and, at that level, a
driver is presumed to be impaired. But there is no specific “level” for drugs
in a drug DUI case. So in a drug DUI case the DA must prove that the driver was
actually impaired. This “actual impairment” requirement makes a drug Dui case
harder to prosecute and easier for your DUI attorney to defend.
the officer’s belief that you were impaired may justify arresting you for a
drug DUI but the District Attorney still must prove, beyond any reasonable doubt,
and against your skilled Orange County DUI attorney’s defense, that you were actually
impaired before a jury can convict you of DUI drugs. This can often be
difficult to do in a drug DUI case since there is no “magic number” to prove
impairment as there is in an alcohol DUI case. With alcohol, the DA need only
prove the driver had a blood-alcohol level of 0.08% and, at that level, a
driver is presumed to be impaired. But there is no specific “level” for drugs
in a drug DUI case. So in a drug DUI case the DA must prove that the driver was
actually impaired. This “actual impairment” requirement makes a drug Dui case
harder to prosecute and easier for your DUI attorney to defend.
Typically,
the evidence used by the DA to prove impairment consists of 1) the actual
driving observed in the case; 2) the driver’s performance on field sobriety
tests; and 3) the driver’s physiological characteristics.
the evidence used by the DA to prove impairment consists of 1) the actual
driving observed in the case; 2) the driver’s performance on field sobriety
tests; and 3) the driver’s physiological characteristics.
1) Bad Driving
The most
accurate way to determine someone’s driving ability while on a drug is to
observe their driving after they have taken the drug. This makes the officer’s
actual observations of the driving very important in a drug DUI case. At trial,
the DA will elicit testimony about anything the driver did to evoke suspicion,
such as weaving, wide turns, etc. On cross examination, a good DUI attorney
will elicit testimony about all the things the driver did correctly, such as
drive within the speed limit, use turn signal, and park perfectly in a small
parking space when pulled over. A skilled dui defense attorney will also point
out that the “bad driving” observed could be explained by ordinary behavior—a slight
swerve often happens when a driver is setting their GPS.
accurate way to determine someone’s driving ability while on a drug is to
observe their driving after they have taken the drug. This makes the officer’s
actual observations of the driving very important in a drug DUI case. At trial,
the DA will elicit testimony about anything the driver did to evoke suspicion,
such as weaving, wide turns, etc. On cross examination, a good DUI attorney
will elicit testimony about all the things the driver did correctly, such as
drive within the speed limit, use turn signal, and park perfectly in a small
parking space when pulled over. A skilled dui defense attorney will also point
out that the “bad driving” observed could be explained by ordinary behavior—a slight
swerve often happens when a driver is setting their GPS.
2) Field Sobriety Tests
The officer
will never tell you that field sobriety tests are completely voluntary. But
they are. And you should NEVER agree to do them without your DUI defense lawyer
present. They should always be politely declined. Mostly, because they are so
unreliable and so open to officer interpretation. The officer doesn’t sit down
and write about your performance on field sobriety tests until after he has
arrested you and must justify your arrest. Do you really think a person can be
unbiased in that situation. Of course, an experienced DUI lawyer can present
convincing evidence that the tests are untrustworthy but a drug DUI case is far
more winnable when the driver declines to perform field sobriety tests.
will never tell you that field sobriety tests are completely voluntary. But
they are. And you should NEVER agree to do them without your DUI defense lawyer
present. They should always be politely declined. Mostly, because they are so
unreliable and so open to officer interpretation. The officer doesn’t sit down
and write about your performance on field sobriety tests until after he has
arrested you and must justify your arrest. Do you really think a person can be
unbiased in that situation. Of course, an experienced DUI lawyer can present
convincing evidence that the tests are untrustworthy but a drug DUI case is far
more winnable when the driver declines to perform field sobriety tests.
3) Physiological Characteristics
Red, watery
eyes, drowsiness, fidgetiness, slurred speech, rapid pulse, slow pulse, dilated
pupils, pupils slow to respond to light, and blood pressure are some, but by no
means all, of the physiological characteristic evidence that a DA may use to
show impairment by a drug. Often, the officer will ask the driver to submit to
an examination by a Drug Recognition Expert (“DRE”). Again, this is entirely
voluntary and should always be politely declined. A DRE is just a cop with a
little extra training in drugs and how they affect physiology. But the testimony
of this “expert” can be very damaging at a drug DUI trial.
eyes, drowsiness, fidgetiness, slurred speech, rapid pulse, slow pulse, dilated
pupils, pupils slow to respond to light, and blood pressure are some, but by no
means all, of the physiological characteristic evidence that a DA may use to
show impairment by a drug. Often, the officer will ask the driver to submit to
an examination by a Drug Recognition Expert (“DRE”). Again, this is entirely
voluntary and should always be politely declined. A DRE is just a cop with a
little extra training in drugs and how they affect physiology. But the testimony
of this “expert” can be very damaging at a drug DUI trial.
The
punishment for a drug dui is the same as an alcohol DUI. It will depend on
whether you have any prior DUI convictions, whether anyone was hurt, whether
there was an accident, and how high the driver’s blood-alcohol level was.
For more information about DUI law call The Lawpunishment for a drug dui is the same as an alcohol DUI. It will depend on
whether you have any prior DUI convictions, whether anyone was hurt, whether
there was an accident, and how high the driver’s blood-alcohol level was.
Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
consultation with an experienced Orange County DUI attorney. You can also reach
us on www.ejesquire.com. We have offices
at 32072 Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675
and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.
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