Los Angeles DUID Attorney

Put 75+ Years of Combined 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’s primary law governing drug DUIs is Vehicle Code 23152(f) VC, which states that it is unlawful for a person who is under the influence of any drug to drive a vehicle. Additionally, Vehicle Code 23152(g) VC makes it illegal to drive under the combined influence of any alcoholic beverage and drug.

Unlike alcohol DUIs, where there is a "per se" limit of 0.08% Blood Alcohol Concentration (BAC), California does not have a specific legal limit for drug concentration in the bloodstream. To secure a conviction, the prosecution must prove that the drug impaired your physical or mental abilities to such a degree that you could no longer drive with the caution of a sober person under similar circumstances.

This "impairment standard" is highly subjective. It often relies on the testimony of a Drug Recognition Expert (DRE)—a police officer with specialized training—and chemical blood tests that may not accurately reflect actual impairment at the time of driving.

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.

The Role of the Drug Recognition Expert (DRE)

When a Los Angeles police officer suspects a driver is under the influence of drugs, they often call for a DRE. This officer performs a 12-step evaluation, which includes:

1. Breath alcohol test (to rule out alcohol).
2. Interview of the arresting officer.
3. Preliminary examination (pulse check and eye tracking).
4. Eye examinations (nystagmus tests).
5. Divided attention psychophysical tests (Field Sobriety Tests).
6. Vital signs examination (blood pressure, temperature).
7. Darkroom examinations (pupil size).
8. Examination of muscle tone.
9. Search for injection sites.
10. Suspect's statements and other observations.
11. Opinion of the evaluator.
12. Toxicological examination (Blood or Urine test).

The DRE's opinion is often the cornerstone of the prosecution's case. However, this process is far from infallible. Medical conditions, fatigue, nervousness, and even poor lighting can lead a DRE to reach a false conclusion.

DUID Penalties in Los Angeles

The penalties for a DUID in California are essentially the same as those for an alcohol DUI. The severity of the punishment depends on whether you have prior DUI convictions within the last 10 years and whether there were aggravating factors (such as causing an accident or having a minor in the car).

First-Time DUID Offense (Misdemeanor):

• Up to six months in county jail
• Fines and assessments ranging from $390 to over $2,000
• A driver’s license suspension (typically 6 to 10 months)
• Mandatory California DUI school (usually 3 to 9 months)
• Three to five years of informal probation

Subsequent Offenses:

The penalties escalate significantly with each prior conviction. A second or third DUID carries mandatory jail time and longer license suspensions. A fourth DUI within 10 years can be charged as a felony, potentially resulting in a sentence in state prison.

DUID with Injury (Vehicle Code 23153):

If you are involved in an accident that causes injury to another person while under the influence of drugs, the charge can be elevated to a "wobbler," meaning it can be prosecuted as a felony or a misdemeanor.

DUID FAQs

How is a DUID different from an alcohol DUI?

The main difference is the evidence. Alcohol has a fixed legal limit (0.08%). Drugs do not. DUID cases rely much more heavily on the officer's observations and the specific science of how different drugs metabolize in the body.

Will I lose my license immediately?

Unlike an alcohol DUI, the DMV does not always trigger an immediate "Admin Per Se" suspension for drugs alone. However, if you are convicted in court, a court-ordered suspension will follow. It is vital to consult with a lawyer to navigate the DMV and court overlap.

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.

Can I refuse a blood test in a DUID investigation?

Under California’s "implied consent" law, if you are lawfully arrested for a DUI, you are required to take a chemical test. Refusal results in an automatic one-year driver’s license suspension and can be used against you in court.

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.

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.