Driving under the influence. Drug Related DUI
In Los Angeles, most driving under the influence cases (Los Angeles DUI cases) involve drivers who are under the influence of alcohol. It is however possible to be arrested for driving under the influence of a controlled substance that is not alcohol. Prosecution for DUI in California is accomplished through California Vehicle Code Section 23152, a code section that does not prescribe a limit of any substance except alcohol in the driver’s blood but instead criminalizes any “driving under the influence“.
JURY INSTRUCTION FOR DRUG-RELATED DUI
Understanding DUI Charges in California: What You Need to Know
In California, the legal definition of Driving Under the Influence (DUI) is outlined in CALCRIM 2110, which states:
“A person’s mental or physical abilities are so impaired that they can no longer drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances.”
For many years, Los Angeles DUI prosecutors have charged DUI offenses under two main statutes:
- California Vehicle Code §23152(a): A general impairment-based DUI charge that does not require proof of a specific Blood Alcohol Concentration (BAC). This charge applies to alcohol, drugs, or even prescription medications if they impair the driver’s ability to drive safely.
- California Vehicle Code §23152(b): A per se DUI charge that specifically applies to alcohol-related cases, where a driver has a BAC of 0.08% or higher at the time of driving.
How Prosecutors Prove DUI Cases in Los Angeles
To secure a DUI conviction, prosecutors must prove impairment using one or more of the following:
✔️ Field Sobriety Tests (FSTs) – Standardized tests used by officers to evaluate coordination and cognitive function.
✔️ Observed Driving Patterns – Swerving, erratic speed, or failure to obey traffic signals.
✔️ “Objective Symptoms” of Impairment – Bloodshot eyes, slurred speech, unsteady movements, or the smell of alcohol or drugs.
However, submitting to Field Sobriety Tests is NOT mandatory in California (unless you are under 21 or on DUI probation). Since these tests are highly subjective, it is often best to politely decline and say as little as possible to the investigating officer.
DUI and Drug-Related Impairment
While CVC §23152(b) applies only to alcohol-related DUIs, prosecutors frequently use CVC §23152(a) to charge DUI cases involving drugs or prescription medications. The problem? Unlike alcohol, there is no legal limit for drugs in California. This means prosecutors rely on highly questionable evidence—such as officer observations and unreliable Drug Recognition Evaluations (DREs)—to prove impairment.
Why You Need an Experienced DUI Attorney
DUI laws in Los Angeles are complex, and police officers and prosecutors often push weak cases based on flawed science or subjective observations. If you are facing DUI charges, you need an experienced defense attorney who understands how to challenge the prosecution’s evidence and fight for the best possible outcome.
RECENT DEVELOPMENT: DRUG-RELATED DUI
Recent developments in the law separated any drug-related driving under the influence from subsection (a) of California Vehicle Code section 23152 and placed it into a newly created subsection (e) that broadly covers “any drug”. Further, the newly created subsection (f) authorizes prosecution for cases where a person is under the combined influence of drugs and alcohol. This law took effect on January 1, 2014, and is used now to prosecute numerous drivers who consume either drugs or drugs and alcohol.
DRUG-RELATED DUI: SCIENCE
One of the most significant challenges in prosecuting DUI cases under the new drug-related statutes is the lack of scientific evidence to reliably justify impairment. Unlike alcohol, where impairment levels have been extensively studied and correlated with Blood Alcohol Concentration (BAC), there is no universally accepted threshold for drug impairment. The scientific research available simply does not establish a direct link between a specific level of a drug in the bloodstream and actual impairment.
In fact, some studies suggest the opposite—certain substances, such as cocaine, have been shown to increase concentration rather than impair it. Historically, cocaine was even used to enhance combat readiness in pilots during military operations. Unlike alcohol, which has been thoroughly researched and its effects measured through standardized field sobriety tests (SFSTs), there is no equivalent, well-validated testing method for assessing drug impairment in drivers.
While clear-cut cases—where a person is visibly unable to maintain balance or stay awake—may be easier to prosecute, many drug-related DUI cases rely on flawed science and subjective interpretations. This leads to unfair prosecutions where individuals are charged based on pseudoscience rather than concrete evidence.
From a law enforcement perspective, these cases are inherently more difficult to prove. The prosecution’s case often depends almost entirely on the arresting officer’s observations, yet most officers are not extensively trained in identifying and investigating drug-related DUI offenses, especially for marijuana or prescription drug DUIs.
Because of these challenges, defending against drug-related DUI charges requires an experienced Los Angeles DUI attorney who understands the flaws in DUI drug testing and knows how to challenge the prosecution’s evidence effectively. If you are facing a Marijuana DUI or Drug DUI charge, contact us today for a strong, science-based defense that protects your rights and fights back against unfair prosecutions.
DRUG-RELATED DUI: MARIJUANA DUI
Wall Street Journal on May 20, 2013, published an article titled “Blurry Line on Pot-DUI Cases”. In it, WSJ writes that only 1% of the nation’s police officers are trained to investigate Marijuana-DUI cases. For example, in Los Angeles, many DUI are prosecuted by the CHP who do not generally get trained as drug recognition experts (DRE), an essential training for pot-related DUIs in Los Angeles.
Recently, the California legislature introduced a bill to make it a crime to drive with any measurable amount of marijuana regardless of level of impairment. If it passes, anyone who used marijuana in the past several weeks can be subject to DUI prosecution despite not being under the influence.
Los Angeles DUI attorneys specialize in defending all drug-related DUIs in Los Angeles. Our practice is exclusive to DUI defense and we are often able to convince the prosecutors and judges to consider dismissing DUI in Los Angeles when it is clear that the defendant’s prosecution is based on poor science.
If you are charged with Driving Under the Influence (DUI) in Los Angeles contact Los Angeles DUI attorneys, because you will need help convincing prosecution that you were not impaired. It is easy for prosecutors to ignore scientific evidence that marijuana DUIs are a myth because there are no studies that correlated marijuana levels in the blood to intoxication and because field sobriety tests were designed for alcohol impairment. Attorneys in our law firm will fight to get a dismissal of any of your Driving under the influence in Los Angeles.
Loading...