Driving Under the Influence of Drugs in California

Charged with driving under the influence of drugs in Los Angeles, and not sure what happens next? This charge can feel overwhelming, especially if the drug involved was a legal prescription or marijuana.

Los Angeles DUI lawyer William Kroger and his legal team have more than 100 years of combined experience. Contact us today at (323) 655-5700 for a free consultation. 

Why You Need a Los Angeles Driving Under the Influence of Drugs Lawyer

After a drug DUI arrest, the state moves quickly. Officers file their reports. Blood samples go to a crime lab. The DA's office reviews the case for charges. Every day you wait is a day the prosecution is building its case against you.

An experienced drug defense or drug DUI attorney steps in fast to review the arrest itself, the Drug Recognition Expert's evaluation protocol, the blood draw procedures, and the lab testing chain of custody. Any error in those steps can lead to the suppression of evidence or to your case being reduced or dismissed.

William Kroger is a seasoned Los Angeles criminal defense lawyer who has fought and won against the prosecution in cases far more complex than yours. Do not wait to get help. Call us at (323) 655-5700 today.

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What Is Driving Under the Influence of Drugs? (Under California Law)

California law makes it illegal to drive while impaired by any drug, whether it is illegal, prescribed by a doctor, or purchased over the counter at a pharmacy. Unlike alcohol DUI, there is no numerical legal limit for drugs in your system. The standard is whether the drug affected your ability to drive the way a sober, careful person would under the same conditions.

This means you can be charged with a drug DUI even if you have a valid prescription, even if the drug is legal under California law, and even if the amount in your system would not impair most people. What matters is how it affected you while you were driving.

California Vehicle Code 23152(f) VC

California Vehicle Code Section 23152(f) makes it unlawful for a person who is under the influence of any drug to drive a vehicle. A related provision, Vehicle Code 23152(g), covers driving under the combined influence of alcohol and any drug.

To convict you under VC 23152(f), the prosecution must prove all of the following:

1. You drove a vehicle.
2. At the time you drove, you were under the influence of a drug.
3. The drug, whether illegal, prescription, or over-the-counter, impaired your mental or physical abilities to such a degree that you could no longer drive with the same caution as a sober person of ordinary prudence under similar circumstances.

Note that, unlike alcohol DUI under VC 23152(b), there is no per se legal limit for drugs. The prosecution cannot point to a number and say you were automatically impaired. They have to prove actual impairment through officer observations, Drug Recognition Expert testimony, and toxicology results.

What Counts as a "Drug" Under VC 23152(f)

Under California law, a drug is any substance other than alcohol that affects your nervous system, brain, or muscles in a way that noticeably impairs your ability to drive safely. This is an intentionally broad definition. It covers:

• Illegal drugs: cocaine, heroin, methamphetamine, MDMA, and others.
• Marijuana: legal under California law but still illegal to drive under its influence.
• Prescription medications: opioid painkillers, benzodiazepines, sleep aids, muscle relaxants, ADHD medications, and anti-anxiety drugs.
• Over-the-counter medications: antihistamines, cold and flu medications, sleep aids, and any other medications that affect alertness or coordination.

Having a valid prescription is not a defense to a driving under the influence of drugs charge. If the substance impaired your driving, the charge can still proceed.

Drug Recognition Expert (DRE) Evaluations

Because there is no breathalyzer for drugs, law enforcement often calls in a Drug Recognition Expert (DRE) when an officer suspects drug impairment. A DRE is a specially trained police officer who performs a 12-step evaluation designed to detect drug impairment and identify which category of drug is responsible.

The 12-step DRE protocol includes a breath alcohol test, an interview with the arresting officer, a preliminary examination of the suspect, eye examinations including horizontal gaze nystagmus (HGN), divided attention tests, vital signs measurements, a darkroom examination of the pupils, an examination of muscle tone, and a check for injection sites.

DRE evaluations are not infallible. Officers can make mistakes in administering the protocol. The evaluation is a trained opinion, not a scientific certainty, and your defense attorney can challenge both the DRE's qualifications and methodology.

Penalties for Drug DUI in California

Criminal Penalties

Drug DUI under VC 23152(f) carries the same penalties as alcohol DUI. Most first and second offenses are charged as misdemeanors, but the charge can be elevated to a felony in certain circumstances.

Misdemeanor first-offense drug DUI penalties include:

• 96 hours to 6 months in county jail (minimum 96 hours if probation is granted).
• Fines of $390 to $1,000, plus penalty assessments that can push the total to approximately $1,800 or more.
• 3 to 5 years of informal probation.
• DUI school: 3-month program for a first offense, longer for subsequent offenses.
• 6-month driver's license suspension (first offense).
• Possible requirement to install an ignition interlock device (IID) on your vehicle.

Misdemeanor second-offense drug DUI penalties include:

• 96 hours to 1 year in county jail.
• Fines up to $1,000, plus penalty assessments.
• 18-month or 30-month DUI school.
• 2-year driver's license suspension.
• 3 to 5 years of formal probation.

Drug DUI becomes a felony when:

• It is your fourth or subsequent DUI offense within 10 years.
• You have a prior felony DUI conviction on your record.
• The DUI caused injury or death to another person (charged under VC 23153).

A felony drug DUI conviction can result in 16 months to 3 years in state prison, or up to 4 years if someone was injured.

Collateral Consequences

A drug DUI conviction does not end when you leave the courtroom. The collateral consequences can affect your life for years afterward:

• Driver's license suspension or revocation, with restrictions on obtaining a clean record for years.
• Mandatory installation of an ignition interlock device on any vehicle you drive.
• Significantly higher auto insurance premiums or policy cancellation.
• Loss of a commercial driver's license (CDL), which means job loss for professional drivers.
• Professional license suspension or revocation: nurses, pharmacists, teachers, and others with state licenses face disciplinary action.
• Employment barriers: many employers conduct background checks, and a DUI conviction, especially one involving drugs, can disqualify you from jobs.
• Immigration consequences for non-citizens, including grounds for deportation or inadmissibility.
• Loss of firearm rights for felony DUI convictions.
• Loss of federal student financial aid eligibility if the drug involved was an illegal controlled substance.

These are the real costs of accepting a conviction without a fight. A skilled drug DUI attorney may be able to get the charge reduced or dismissed entirely.

Defenses Against Drug DUI Charges

Our Los Angeles drug DUI attorneys will dig into every detail of your case and build a defense strategy tailored to the specific facts. The following defenses may apply:

• No actual impairment: The prosecution must prove you were actually impaired, not just that a drug was in your system. Trace amounts of a substance that no longer affect driving ability are not enough.
• Unlawful traffic stop: If the officer had no legal basis to pull you over, all evidence gathered during the stop may be suppressed.
• Flawed DRE evaluation: Drug Recognition Expert opinions are not scientifically certain. Improper administration of the 12-step protocol, failure to rule out medical conditions, or lack of proper certification can undermine the evaluation.
• Contaminated or mishandled blood sample: Blood evidence must follow a strict chain of custody. Improper storage, mislabeling, contamination, or delays in testing can make the results unreliable.
• Medical condition or legal medication: Certain medical conditions or legal medications can mimic drug impairment. A valid prescription does not prevent a charge, but it can be part of a broader defense showing your ability to drive was not actually impaired.
• Rising drug level: Similar to rising BAC in alcohol cases, a drug's peak impairment effect may have occurred after you were driving, not during.
• Lack of driving evidence: If there is no reliable evidence that you were actually operating the vehicle, the prosecution cannot prove a key element of the charge.

Blood split requests can be critical in drug DUI cases. You have the right to have a portion of your blood sample independently tested by a lab of your choice. This can expose problems with the prosecution's results that their own lab would never reveal.

Speak With Our Los Angeles Drug DUI Attorney Today

Drug DUI cases are not like standard alcohol DUI cases. The evidence is different, the science is more contested, and the defenses are more technical. 

Are you facing drug DUI charges? Contact our experienced Los Angeles Drug DUI attorneys today to discuss your case. We have over 100 years of combined criminal defense experience helping people fight for their freedom. Call our Beverly Hills office today at (323) 655-5700. Your consultation is completely free.

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