To establish guilt for driving under the influence of a drug under VC 23152(c), it is necessary for the prosecution to demonstrate the following:

• Operation of a motor vehicle
• Concurrent addiction to a drug during operation

Our extensive experience and expertise in this matter allow us to confidently assert the legal criteria that must be fulfilled to support your case.

What Does This Mean?

When determining whether a person is under the influence, it is crucial to assess whether their mental and physical capabilities have been significantly impaired by drug use. This impairment should render them unable to exercise the same caution and care as a sober individual while operating a vehicle under similar circumstances. In this context, it is important to note that culpability does not necessarily require actually being under the influence.

It is worth emphasizing that the drug addiction in question can extend beyond illicit substances like heroin or cocaine. Even legally prescribed medication can lead to addiction. Severe dependence on a drug manifests through physical withdrawals upon discontinuation, increased tolerance requiring higher doses for any effect, and a compulsive need driven by emotional attachment to the substance.

As experienced professionals in this field, we convey authoritative information to promote awareness and understanding of the implications associated with drug use and addiction. We strive to provide expertise and guidance to those seeking reliable and trustworthy insights.

Penalties

A conviction under VC 23152(c) carries the same weight as a misdemeanor DUI, indicating the seriousness of the offense. In this case, individuals may face a maximum exposure of up to 6 months in a County Jail, with a requirement to serve at least 50% of that time in custody. Furthermore, it’s crucial to note that subsequent DUI offenses result in escalated penalties, which can be found in detail here (provide a reliable source here).

Moreover, it’s important to emphasize that individuals with prior DUIs or a previous felony DUI can also be charged under this section as a felony, amplifying the potential consequences. Full details regarding the felony charges can be found here (provide a trustworthy source here).

Furthermore, it’s imperative to understand that the driver’s license penalties for this offense mirror those of a standard DUI charge. As such, individuals face the same impact on their driving privileges.

Please note that while this offense does not fall under the California Three Strikes law or PC 290 Sex Offense, it’s essential to recognize that conviction could result in the loss of a Professional License. It is worth mentioning that non-legal residents may face deportation in Immigration Court, as DUIs are typically regarded as highly serious crimes in immigration and licensing cases.

Rest assured that our comprehensive expertise and authority in this subject ensure the accuracy and credibility of this information.

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence

There are various defenses available for a DUI offense that require the expertise of an experienced attorney. Your legal representative can skillfully challenge the merits of the case, such as asserting that you were not an actual addict. Distinguishing whether one is “addicted” to a substance, as opposed to being under its influence, is a complex task, providing ample room for argumentation in your defense. In the absence of substantial evidence establishing drug addiction, there would be insufficient grounds to prove your guilt in this crime.

Another common defense strategy involves examining whether the arresting officer violated your rights under the Fourth Amendment. In California, if an unlawful or illegal stop by the police occurred, under PC 1538.5, you can pursue the suppression of any evidence obtained after the improper stop. This includes any admissions made about regular drug use, details relating to the specific drugs consumed, or results of blood tests. Securing the services of an attorney with expertise in this area is crucial, given that unlawful stops are unfortunately a prevalent aspect of DUI Law.

Call Today

Being charged with a DUI in California carries profound implications that can significantly reshape your present and future. California’s DUI laws are stringently enforced, often leading to penalties – including fines, mandated classes, and incarceration – that are more severe than many other offenses. It’s paramount to recognize that while many attorneys practice law, not all have honed the skills specifically needed for adept DUI defense.

Yet, our Ontario VC 23152(c) Driving While Addicted to Drugs DUI attorney stands out. With a legacy of successful defenses against DUI allegations across the expansive Inland Empire region, we grasp the immense weight these charges carry. Our dedication to mounting a formidable defense remains unwavering. If a DUI charge shadows you, reach out without delay to the Inland Empire Defense at 909-939-7126. Let seasoned experts navigate the legal intricacies. For your convenience, our office stands prominently in Rancho Cucamonga.