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Understanding California Duid (Dui Drugs) Charges


October 27, 2015

Californian laws are known as the Chaptered Bills. In California, a bill is “sectioned” by the Secretary of State after passing through both houses of the Legislature.

In California, the drugs portion in the “DUID” equation is defined as any element other than alcohol that has a serious effect on your nervous system and muscles. These include illegal drugs, medicine drugs that have nitrous oxide, or even drugs sold out without prescriptions. Driving under the influence of such drugs can result in a state where you no longer can drive like a composed person. Sometimes, it can even lead to severe accidents.

According to the Vehicle Code 23152(e), “It is unlawful for a person who is under the influence of any drug to drive a vehicle.” Similarly, Vehicle Code 23152(f) reads: “It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.”

Therefore, this law is also called “DUI of drugs” (DUID) in California, which is closely related to its better-known “driving under the influence of alcohol” law (VC 23152(a)).

A few similarities between a liquor DUI allegation and a DUID charge include: both come under California Vehicle Code segment 23152a, the officer’s perceptions of your driving, and with a DUID, there is no solid level of BAC at which a driver can formally be accused of a DUID.

Penalties for DUID

The penalties for driving under the influence of drugs in California depend on different factors and reasons. Similarly, the penalties and charges are also determined after knowing the reasons behind driving under the influence of drugs. It may also depend on whether you have prior DUIDs, a previous criminal history or are you all clear or were you involved in an injury or accident while DUID. The individual who violates this law for the first time will have to face the following consequences:

Possible jail sentence, depending on the county where it happens, your prior criminal record and the circumstances of the arrest. However, most states don’t send you to jail if any serious accident or injury is not involved with your DUID.

  • Minimum fine of $390 – with fines and fees, it will actually be closer to $1800
  • Three to five years of informal DUI probation
  • Driver’s license suspension for at least six months
  • Maximum of one year in county jail where the law has been broken
  • At least three months’ worth of drug education classes or completion of DUI School. This course allows an individual to do a drug program instead of going to jail and ultimately get the case terminated.

Punishments for second and following DUID offenses may incorporate fines, probation, and DUI school. This could be in addition to a more drawn out driver’s license suspension and a required correctional jail sentence that consequently increases with each ensuing Drug DUI (or other DUI) conviction.

However, Vehicle Code 23152(e) DUID can be recorded as a crime if it’s your fourth or ensuing DUI offense, if you have even one earlier crime DUI conviction, or your driving causes a mishap that harms an outsider.

It is therefore advised to contact a DUI attorney to discuss and defend your case.

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About the Author

At the Law Offices of Top Gun DUI Defense Attorney Myles L. Berman, our experienced team of DUI / Drunk Driving defense lawyers are dedicated to aggressively defending people arrested for DUI.