VC 23152(f) Driving Under the Influence of Drugs Laws in California

I. VC 23152(f): Driving Under the Influence of Drugs

Legal Definition: “(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.”

To be found guilty of driving under the influence of a drug under VC 23152(f), the prosecution must show that you:

1. Drove a Motor Vehicle;
2. You drove under the influence;

AND

3. You were under the influence of a drug.

II. What does this mean?

A person is under the influence if, as a result of taking a drug, his or her mental or physical abilities are so impaired that he or she is no longer able to drive a vehicle with the caution of a sober person, using ordinary care, under similar circumstances. A drug is a substance or combination of substances, other than alcohol, that could so affect the nervous system, brain, or muscles of a person that it would appreciably impair his or her ability to drive as an ordinarily cautious person, in full possession of his or her faculties and using reasonable care, would drive under similar circumstances.

It doesn’t matter if the drug is proscribed to you either, so long as it impairs your ability to drive, while you are driving. Impairment is important, for example, someone taking headache medicine for a headache, would not put you under the influence, despite the fact that it would be considered a “drug”. If the drug does not cause impairment, then it is not a Drug DUI offense. Also, unlike a DUI found under VC 23152(b), there is not a “per se” limit of drugs that could be in your system to cause impairment. In other words, there is not a specific amount of drug, whether it be legally proscribed, or something such as cocaine or marijuana, that must be in your system to prove impairment, though this is something that is being studied and worked on to determine if that limit can be found.

And again, like drinking and driving, the crime comes from an impairment, not simply taking a legal or illicit drug. If you smoke marijuana and drive, but your driving is not affected, then you would not be guilty of a Drug DUI. Another difference in Drug DUIs versus regular alcohol DUIs is that when it is suggested that a person may be under the influence of a drug, a blood test must be done since a breath test will not be able to determine the drugs in your system.

III. Penalties

A conviction under VC 23152(f) is the same as a misdemeanor DUI. The maximum exposure can be up to 6 months in a County Jail. You must serve at least 50% of that time in custody. If this is not your first DUI offense, the penalties go up, those can be found here. Finally, if you have sufficient prior DUIs or a prior felony DUI, you can be charged under this section as a felony that can be found here.

This is not a strike offense under the California Three Strikes law, and it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you would face Deportation in Immigration Court since DUIs are generally held to be very serious crimes in immigration and licensing cases.

IV. Common Defenses

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

The most common defense to a DUI Drug case, since there is no “per se” limit to drug use and driving, is to show that you were not actually driving under the influence, simply because you had some kind of drug in your system. Remember, many people work for a living, and have long and stressful lives. A bartender, for example, could be driving home late at night and could be tired or stressed from work. If they had smoked marijuana before leaving, they may not be under the influence, but they may appear to be to an officer that pulls them over on the drive home from work. If there are reasonable explanations for your appearance or your driving, that can later be used as a Trial Defense, showing you were not driving under the influence of a drug. In that case, there would be insufficient evidence to prove you guilty of this charge.

Another common defense can be that the officer that stopped your car, had violated your rights under the Fourth Amendment. In California, if there is an incident where police made an illegal or unlawful stop of you, then under PC 1538.5, you can move to suppress any evidence that came after your illegal stop. This means any admissions you made that you consumed any drugs or blood test you took, which would, in turn, win you your case. You need an experienced attorney to review your case for this reason, as unlawful stops are an all too common aspect of DUI Law.

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