Los Angeles DUID Attorney

Put 75+ Years of Experience in Your Corner

If you have been arrested for driving under the influence of drugs, you need to take your charges seriously. The penalties for drug DUI in California are severe, and a conviction can have long-lasting consequences for your personal and professional life.

At Stephen G. Rodriguez & Partners, we know what you are up against, and we are prepared to fight for you. Our Los Angeles DUID attorneys have successfully handled thousands of criminal cases, including many DUIs involving drugs. We understand the law, the legal system, and how to effectively advocate for our clients in and out of the courtroom. When you choose our firm, you can be confident that we will work hard to protect your rights and fight for the best possible outcome in your case.

Get started on your defense today by calling us at (213) 481-6811 or submitting an online contact form.

California Drug DUI Laws

California Vehicle Code §23152(f) makes it unlawful to drive under the influence of any drug, while §23152(g) prohibits driving under the combined influence of alcohol and drugs. Unlike alcohol DUIs, where the 0.08% BAC standard provides clear guidelines, drug DUIs lack a precise threshold. Instead, the prosecution must show that the driver’s mental or physical abilities were impaired to the point where they could not operate a vehicle with the caution of a sober person.

Here are several key points about California DUID laws:

• Testing Methods: Blood or urine tests may be used, but unlike alcohol breath tests, there is no simple roadside “drug test.” These results can be challenged due to contamination, improper handling, or flawed interpretation.
• Drug Recognition Experts (DREs): Officers trained as DREs may perform evaluations, but their conclusions are often subjective and open to cross-examination in court.
• Penalties: A first-time DUID conviction can result in fines, probation, mandatory DUI school, license suspension, and possible jail time. Repeat offenses or cases involving accidents or minors carry much harsher penalties.
• License Consequences: The DMV may suspend or revoke your driver’s license even before your criminal case is resolved.

Because of the legal gray areas surrounding drug impairment, having a knowledgeable Los Angeles DUID lawyer is essential to protect your future.

Common Types of Drugs

DUID charges in California are not limited to illegal substances. Prosecutors may pursue charges if law enforcement believes any drug impaired your ability to operate a vehicle safely, including prescription medications and over-the-counter drugs. Common substances involved in DUID cases include:

• Marijuana – Despite legalization for recreational and medical use, driving under the influence of marijuana remains illegal. There is currently no universally accepted “legal limit” for THC in California, making these cases highly disputable.
• Prescription Medications – Drugs such as opioids, anti-anxiety medications, or strong painkillers can cause drowsiness, delayed reaction time, or confusion. Even if legally prescribed, they can still lead to a DUID charge.
• Over-the-Counter Medications – Antihistamines, sleep aids, or cold medicines may cause impairment, and drivers can face charges if law enforcement believes the effects compromised safe driving.
• Illegal Drugs – Substances such as cocaine, methamphetamine, heroin, and LSD are more likely to result in immediate and aggressive prosecution.

Since impairment levels vary widely among individuals, prosecutors rely on drug recognition experts (DREs), blood tests, and other evidence to prove impairment—but these methods are far from foolproof.

Drug DUI vs. Alcohol DUI

Under California law, it is illegal to drive with a blood alcohol concentration (BAC) of 0.08% or higher. If you are caught driving with a BAC at or above this level, you can be charged with a “per se” DUI. A per se DUI is a DUI that is based solely on the driver's BAC, regardless of whether or not they are actually impaired. In other words, if you have a BAC of 0.08% or higher, you can be charged with DUI even if you are driving perfectly safely.

However, if your BAC is less than 0.08%, you can still be charged with a DUI if the arresting officer determines that you are impaired to an appreciable degree. This is a subjective determination that is based on the officer's observations of your driving, your physical appearance, and your performance on field sobriety tests. The officer may also consider other evidence, such as the presence of drugs in your vehicle or your performance on a chemical test.

Unlike alcohol DUIs, DUIDs are always based on the driver's impairment. If you are driving with any detectable amount of drugs in your system, you can be charged with a DUID, regardless of whether or not you are actually impaired. This is true even if you are taking the medication as prescribed and are not experiencing any side effects.

Because DUID are always based on impairment, the prosecution will have the burden of proving that you were, in fact, impaired at the time of your arrest. This can be difficult to prove, especially if you are taking a medication as prescribed by your doctor.

DUID FAQs

Can I be charged with a DUID if I was using legally prescribed medication?

Yes. Even if your doctor prescribed the medication, you can still be charged if it allegedly impaired your ability to drive safely.

How is drug impairment proven without a set legal limit like alcohol?

Prosecutors rely on officer observations, DRE testimony, and chemical test results. These are often flawed, giving your defense attorney room to challenge the evidence.

Will I lose my driver’s license after a DUID arrest?

Possibly. The DMV can suspend your license separate from the court process. Acting quickly to request a DMV hearing is crucial.

Are marijuana DUIs treated differently?

While marijuana is legal in California, driving under its influence is still prohibited. THC levels in the blood do not always correlate with impairment, making these cases defensible.

What penalties could I face for a first-time DUID conviction?

A first offense may include fines, probation, DUI education programs, license suspension, and up to six months in county jail. Penalties escalate with repeat offenses.

How to Fight a DUID Charge

Just because you have been arrested for DUID does not mean that you will be convicted. In fact, there are many effective defense strategies that can be used to challenge the evidence and fight the charges against you.

Some of the most common defenses to drug DUI include:

At Stephen G. Rodriguez & Partners, we know how to challenge the evidence in DUID cases, and we know how to fight for you in court. When you choose our firm, we will conduct a thorough investigation into your case, review all available evidence, and build a defense strategy that is tailored to your unique situation. Our attorneys are skilled negotiators and trial lawyers who are not afraid to take on the prosecution.

Don't wait to get the legal help you need. Call our firm at (213) 481-6811 or online today to schedule a confidential consultation.