In California, driving under the influence (DUI) of both drugs and alcohol is treated very seriously and is governed by specific laws and penalties. The key details related to DUI involving both drugs and alcohol are as follows:
Legal Definition
Under California Vehicle Code 23152, driving under the influence of drugs (DUID) and alcohol is illegal, and the law distinguishes between the two:
- VC 23152(a): It is unlawful to drive under the influence of alcohol.
- VC 23152(f): It is unlawful to drive under the influence of any drug.
- VC 23152(g): It is unlawful to drive under the combined influence of alcohol and drugs.
Penalties for DUI (Drugs and Alcohol)
The penalties for driving under the influence of drugs and alcohol are similar to those for a standard DUI but can be more severe due to the combined impairment. Penalties depend on the number of prior DUI convictions within the past 10 years.
First Offense
- Fines: $390 to $1,000, plus additional penalty assessments that significantly increase the total cost.
- License Suspension: Six months, with the possibility of a restricted license.
- DUI School: Three to nine months of alcohol and drug education programs.
- Probation: Three to five years of informal probation.
- Jail Time: Up to six months, though in some cases, probation or community service can be an alternative.
Second Offense (within 10 years)
- Fines: $390 to $1,000.
- License Suspension: Two years.
- DUI School: 18 or 30 months.
- Probation: Three to five years.
- Jail Time: 96 hours to one year.
- Ignition Interlock Device (IID): Mandatory installation for one year.
Third Offense (within 10 years)
- Fines: $390 to $1,000.
- License Suspension: Three years.
- DUI School: 30 months.
- Probation: Three to five years.
- Jail Time: 120 days to one year.
- IID: Mandatory installation for two years.
Fourth and Subsequent Offenses
- Can be charged as a felony with much harsher penalties, including longer jail or prison sentences.
Additional Penalties
- High BAC or Drug Levels: If the blood alcohol content (BAC) is particularly high (0.15% or above) or the drug levels are significant, penalties may be enhanced.
- Involvement in an Accident: If the DUI involves an accident causing injury or death, the penalties can include felony charges and a longer prison sentence.
- Child Endangerment: If a minor under 14 is in the car at the time of the DUI, there are additional penalties for child endangerment.
Types of Drugs
Illegal Drugs: Driving under the influence of illegal drugs (such as marijuana, cocaine, or methamphetamine) is strictly prohibited.
Prescription Drugs: Even legal prescription medications can result in a DUI charge if they impair your ability to drive safely.
Marijuana: Although marijuana is legal in California, driving under the influence of marijuana (even medical marijuana) is illegal.
Testing for Drugs and Alcohol
Breathalyzer: Primarily used to test for alcohol, but it doesn’t detect drugs.
Blood Test: Often used to detect both alcohol and drugs in the system.
Urine Test: Used less frequently but may be required in some situations.
Refusal of Chemical Tests
Refusing to take a chemical test after being arrested for DUI (breath, blood, or urine) leads to additional penalties, including:
License Suspension: Automatic suspension for one to three years, depending on prior offenses.
Additional Jail Time: Increased penalties in court for refusal to comply with testing.
Defenses for DUI (Drugs and Alcohol)
- Challenging the Arrest: Arguing that the traffic stop or arrest was unlawful.
- Testing Accuracy: Questioning the accuracy of breath, blood, or urine test results.
- Impairment Level: Arguing that the drugs or alcohol did not impair the ability to drive safely.
- Procedural Errors: Pointing out mistakes made by law enforcement during the DUI stop or arrest.
For more detailed information or specific legal advice, contact DUI Defense Attorney Manuel J. Barba at (951) 680-9125.