How a Drug DUI Lawyer in Los Angeles fights Drug DUI cases:
Drug DUI’s are a relatively new thing for Los Angeles and California in general. Law enforcement and the court system have vast experience with alcohol related DUI cases, but not much experience with Drug cases. Because Drug DUI cases are relatively new and the law surrounding them is being developed, an experienced DUI lawyer should be able to find ways to beat a Drug DUI in Los Angeles or anywhere in California.
CVC 23152: California’s DUI Law and its recent changes for Drug DUI:
To understand how to beat a Drug DUI, its a good idea to understand the law that makes driving under the influence of drugs a crime. In California, this law is found in the Vehicle Code, section 23152. Before January 1, 2014, CVC 23152 had two sections (that hopefully every DUI lawyer was familiar with): (a) and (b). Subsection (a) made it a crime to drive under the influence of alcohol to such a degree as to be dangerous to others. Section (b) was added later and made it a crime to drive with a measurable blood alcohol level above 0.08%.
Changes that added Drug DUI:
Recognizing the dangers of drug related DUI, the California legislature added new language to CVC 23152 (effective Jan. 1, 2014). (see below)
You’ll recognize (a) and (b) are similar to before- covering alcohol related driving under the influence. Sub-sections (c) (e) and (f) have been added to now prohibit:
-Driving while ‘addicted’ to certain drugs
-Driving while ‘under the influence’ of any drug
-Driving while ‘under the combined influence’ of any drug and alcohol.
Ways a DUI lawyer attacks a Drug DUI case in California:
The first thing that should stand out is the fact that a drug DUI case does not involve a “%” or numerical value for presumed impairment or intoxication. Unlike alcohol related DUI cases (where a hard 0.08% number is used to prove guilt) drug DUI cases do not have any fixed number associated with them. This is because the scientific research on levels of impairment for various drugs has not matured to the level that alcohol related drunk driving science has: no authority can say that a particular level of drug’s in someone’s system is “too much” for use in a prosecution.
People’s physiology, tolerance, metabolism and reflexes are different: what may be “too much” drugs in one person’s system isn’t “too much” for someone else. This is the strongest defense in a Drug DUI case in California: there simply isn’t a scientific level of drugs in a person’s system that proves impairment.
A drug DUI in California is just like any other DUI case when it comes to defenses related to the probable cause of police to stop the driver, the field sobriety tests performed by officers and the usual police investigatory and report writing protocols that an experienced DUI lawyer knows how to pick apart. See more common defenses to DUI cases. As you can see, Drug DUI cases in California are actually good cases from a defense team perspective: because there are so many defense strategies that can be employed. To speak with an experienced Drug DUI lawyer: Call 213-400-0358.