How a drug DUI Lawyer in Los Angeles fights DUI cases: Scientific and Legal defenses.
Drug DUI cases are becoming more common. This is due to the increased availability of marijuana (medical marijuana in states like California and even recreational marijuana in states like Colorado). Like alcohol, marijuana can have properties that impair safe driving. Unlike alcohol, the scientific research surrounding marijuana DUI is not advanced and the actual level of impairment that a marijuana user experiences is not well understood. This makes defending marijuana cases easier than alcohol related DUI cases.
The law in California: Drug DUI in CVC 23152:
The California legislature enacted new laws in 2014 targeting drug DUI with specific language in the vehicle code. Prior to 2014, there were two sub-sections of CVC (California Vehicle Code) 23152: Subsections a and b. In subsection (a), it was a criminal act to drive a motor vehicle while “impaired” to a degree that a person of ordinary care would be un-able to drive a car safely. Subsection (b) made it a criminal act to drive with a blood alcohol level above 0.08%. In the past, drug DUI cases were prosecuted under paragraph (a) of this section, with the prosecution arguing the driver was “impaired” to such a degree that they couldn’t safely operate a car. This (a) paragraph was used in both drug and alcohol DUI cases, where a driver facing an alcohol related DUI could face charges under both (a) and (b) if they were impaired and also had a blood alcohol level above 0.08%,
Under the new law, drug DUI cases are charged under CVC 23152 (e), which makes it a crime to drive under the influence of a “drug,” including marijuana.
Defenses that work in Drug DUI Cases:
If you were stopped in Los Angeles or the surrounding areas for Drug DUI, there are number of defenses available to you to fight your case both in court and at the DMV. To see the most common DUI defenses, check out “DUI Defenses,” to see how to beat a DMV hearing, check out “Save your license.”