Drug DUIs in California
When most people hear the term “DUI,” they immediately think of alcohol. However, in California, driving under the influence isn't limited to alcohol—it also includes drugs, both legal and illegal. Drug DUIs can carry serious consequences similar to those for alcohol-related DUIs.
As a California criminal defense attorney, I have handled countless drug DUI cases-below is some general information on describing how they’re prosecuted and defended.
What Is DUID Under California Law?
Under California Vehicle Code § 23152(f), it is unlawful for a person to drive a vehicle while under the influence of any drug. A “drug” includes any substance—legal or illegal—that impairs a person’s ability to operate a motor vehicle safely. This includes:
Illegal drugs like cocaine, methamphetamine, heroin, or LSD.
Prescription medications such as opioids, benzodiazepines (e.g., Xanax), and sleep aids, even if taken as prescribed.
Over-the-counter medications like antihistamines or cold medicines that can cause drowsiness or impair reaction time.
Cannabis, which is legal in California but still illegal subject to DUI laws.
How Drug DUIs Detected and Proven?
Unlike alcohol, which can be easily measured with a breathalyzer, detecting drug impairment is more complicated. Officers typically rely on a combination of:
Field Sobriety Tests (FSTs) – to assess coordination, balance, and mental alertness.
Drug Recognition Expert (DRE) Evaluation – specially trained officers may conduct a 12-step evaluation to determine if a driver is under the influence of a drug.
Blood Tests – because there is no breath test equivalent for drugs, blood samples are often used to detect the presence of drugs.
However, testing positive for a drug does not automatically mean someone was impaired at the time of driving. Unlike alcohol, there is no per se legal limit for drugs in California, which makes drug DUI cases highly subjective and open to interpretation.
Penalties for a Drug DUI Conviction
Penalties for a drug DUIs in California are similar to those for alcohol-related DUIs and can include:
Fines and court fees
Driver’s license suspension
Probation
DUI education programs
Jail time (especially for repeat offenders or aggravating circumstances)
A first-time offense is typically charged as a misdemeanor, but a drug DUI can be elevated to a felony if it involves injury, death, or if the driver has multiple prior DUI convictions.
Defending Against a Drug DUI Charge
Drug DUI cases are complex, and a skilled defense attorney can often identify weaknesses in the prosecution's case. Common defense strategies include:
Challenging the reliability of field sobriety or DRE evaluations
Questioning the accuracy and admissibility of the blood test results
Arguing that the drug detected was not impairing at the time of driving
Asserting that symptoms were due to a medical condition or fatigue—not drug use
Because drug DUI cases rely heavily on subjective observations and often ambiguous test results, they are particularly vulnerable to challenge in court.
Final Thoughts
Being charged with a drug DUI in California can have serious consequences, especially for individuals who rely on prescription medications or use cannabis legally. If you or a loved one is facing a drug DUI charge, it's essential to consult with a knowledgeable criminal defense attorney who understands the nuances of California drug DUI laws and can aggressively advocate on your behalf. Contact Davis W. Hewitt to schedule a free 30-minute consultation at his Chico office.
