On January 1, 2018, recreational marijuana becomes legal. That means that you do not need a prescription to purchase it, nor will it be against the law. However, that does not mean that there are no restrictions on it’s use. Marijuana will be restricted just like any other similar substance,…
Under California Vehicle Code §23152, a person who is intoxicated and operating a vehicle can be found guilty of a DUI. Intoxication can arise from either alcohol, drugs or both. Recent changes to the legislation state that a person can be prosecuted for having any amount of drugs in their…
California Vehicle Code §23152 is the driving under influence statute, and outlines what is unlawful behavior and grounds for a conviction. The code section states that “It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle” and includes “(b) It is…
Many of our clients come into our office and are upset because they have been arrested for a DUI, but have had no alcohol. There is a common misconception that being arrested for a DUI requires alcohol consumption, when in fact it does not. You can still be arrested if…
The legislature amended the California Vehicle Code §23152 pertaining to misdemeanor DUIs to specifically include language stating that it is unlawful for a person to be operating a vehicle while under the influence of drugs. A person who is driving can be charged with a DUI if they are under…
In January 2014, the legislature changed the language in California Vehicle Code §23152 and 23153. California Vehicle Code §23152 is the code section that pertains to misdemeanor DUI charges. The new code section reads as follows: (a) It is unlawful for a person who is under the influence of any…
In recent times, the legislature has revised the statute pertaining to the use of drugs while operating a vehicle. The statute used to be very simple and simply included that it was unlawful to operate a vehicle while under the influence of alcohol or drugs. However, since January 1, 2014,…
sCalifornia Vehicle Code §23152 and §23153 states that it is unlawful for a “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.” When a person is suspected of driving under the influence…