Articles Posted in DUID

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, they legislature added specific sections referring to drugs alone. In their revision they made a very significant and important change. The revised law requires an in depth discussion to understand how it can affect you or your case if you have recently been arrested for suspicion of a DUI.

California Vehicle Code Subsection (c ) reads as follows:

(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.

Many of our clients assume that when a person is stopped on suspicion for driving under the influence, that it is under the influence of alcohol. In reality, a DUI is charged under California Vehicle Code §23152, and 23153. The statute reads

” (a) 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.”

The relevant code section specifically makes it unlawful to be driving under the influence of any drug, not just alcohol. This means that a person who is under the influence of marijuana, methamphetamines, and other drugs, including prescription drugs, may be found guilty of a DUI, even if they have not had any alcohol at all.