Drug-Related DUI: Driving Under the Influence of Drugs
Driving under the influence of drugs (DUID) is treated just as seriously as alcohol-related DUIs in California. Whether the drug is prescription, over-the-counter, or illegal, prosecutors pursue DUID charges aggressively. Walia Law Firm has extensive experience defending clients accused of drug-related DUIs throughout the San Francisco Bay Area, aligning your DMV hearing, sentencing exposure, and rapid response plan.
What Is a Drug-Related DUI?
Under California Vehicle Code §23152(f), it is illegal to drive under the influence of any drug that impairs your ability to operate a vehicle safely. This includes:
- Prescription medications (e.g., Xanax, Ambien, Oxycodone)
- Marijuana or cannabis products
- Illegal drugs (e.g., cocaine, methamphetamine, LSD)
- Combinations of alcohol and drugs
Penalties for a Drug-Related DUI
| Offense | Possible Penalties |
|---|---|
| First DUID | Up to 6 months jail, fines up to $2,000, 6-month license suspension |
| Second DUID | Up to 1 year jail, 2-year suspension, mandatory DUI school |
| Felony DUID (injury or prior offenses) | Up to 3 years in prison, long-term license revocation |
Common Defenses in Drug DUI Cases
Our defense strategies may include:
- Challenging DRE (Drug Recognition Expert) evaluations
- Questioning toxicology or lab accuracy
- Proving lack of actual impairment
- Medical or prescription justification
- Unlawful stop or arrest
How Drug DUIs Are Different
Unlike alcohol DUIs, no fixed threshold defines impairment for drugs. Prosecutors must prove actual impairment, which opens opportunities for effective defense challenges.
The Role of Drug Recognition Experts (DRE)
In drug DUI cases, law enforcement often relies on Drug Recognition Experts (DRE) to assess impairment. These officers receive specialized training to identify drug impairment through a 12-step evaluation process. However, DRE evaluations are subjective and can be challenged on multiple grounds.
Toxicology and Blood Testing
Drug DUI cases often depend heavily on blood test results. Unlike breath tests for alcohol, drug testing requires blood or urine samples that must be properly collected, stored, and analyzed. Any break in the chain of custody or laboratory errors can provide grounds for defense.
Immediate Steps After a Drug DUI Arrest
- Contact an experienced DUI defense attorney immediately.
- Request the DMV hearing within 10 days to contest license suspension—see the process in our DMV timeline guide.
- Preserve all prescription medication records and medical documentation.
- Do not discuss the incident with anyone besides your attorney.
- Follow all medical treatments and prescriptions as directed by your doctor.
- Schedule a free DUI case evaluation to align toxicology experts early.
Why Choose Walia Law Firm
With over 20 years of experience, Attorney Ginny Walia has successfully defended complex DUID cases, leveraging expert witnesses, toxicologists, and medical records to secure dismissals and reductions.
- Extensive experience with drug DUI defense
- Access to toxicology and medical experts
- Deep understanding of DRE evaluation challenges
- Proven track record in complex drug cases
Areas We Serve
Counties: Alameda, Santa Clara, Contra Costa, San Mateo, San Francisco
Cities: Fremont, Oakland, San Jose, Hayward, Redwood City, Pleasanton, Walnut Creek, and surrounding areas.
