When people think of DUI, they typically think of alcohol related DUI. With the proliferation of prescription and recreational drugs, drug DUI cases are becoming more common in California. When discussing drug DUI cases in California, understanding the legal and scientific basis for these cases is important.
Drug DUI in California: California Vehicle Code changes to handle drug DUI.
The California Vehicle Code (CVC) is the primary governing body of law that regulates DUI and driving offenses. Sections in the Vehicle Code, Penal Code, Government Code, Business and Professions Code and even the Health and Safety Code also regulate certain aspects of driving, driver’s licenses and the highways in general. But when it comes to DUI, CVC sections that directly cover DUI are CVC 23152 and CVC 23153.
CVC 23152 makes it a criminal act in the state of California to drive a vehicle while impaired by either drugs or alcohol. CVC 23153 makes it a criminal act to cause an accident as a result of driving under the influence of drugs or alcohol.
The California legislature amended CVC 23152 and CVC 23153 in 2014 to expand the regulation of drugs and drug related DUI. As of January 2014, a driver can be charged under CVC 23152(a), (d),(e) and (f) for drug related DUI. These sections were added to give prosecutors more flexibility in prosecuting DUI cases.
DMV: How the California DMV handles drug DUI.
The Vehicle Code and Government Code is California was amend in 1990 giving the DMV power to administratively suspend someone’s license without the benefit of a court hearing or court trial. Known as the “APS” process, the DMV’s administrative suspension scheme is only designed to handle alcohol related DUI. As of the writing of this article, the DMV will not take APS action against someone who is arrested for drug DUI if they have a blood alcohol content below 0.08%.
Scientific Issues: Drug DUI in California.
Drug DUI in California
By Jon Straub
A description of DUI defense by an aggressive DUI and DMV attorney.