California Vehicle Code Section 23152(f) VC – Driving Under the Influence of Drugs
California Vehicle Code Section 23152(f) VC makes it a crime for a person to drive under the influence of prescription and non-prescription drugs. So long as the drug you’re taking impairs your ability to safely operate a motor vehicle, you can be charged with driving under the influence of drugs in violation of Vehicle Code Section 23152(f).
Most first-time offenders who are charged with driving while under the influence of drugs are charged with a misdemeanor DUI, the same goes for second-time offenders and third-time offenders. That said, you should not take DUI charges under this law lightly as a conviction can result in up to six months of jail, a fine of up to $1,000, placement on probation for three years, completion of DUI school, as well as community service.
So, for the best possible results, you should immediately contact an experienced Los Angeles Drug DUI Defense Attorney at The H Law Group to represent you and keep you from going to jail and losing your driver’s license for a very long period of time. Our attorneys have represented thousands of individuals charged with DUIs, so they have the knowledge and experience necessary to achieve the best possible results for you. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.
Text of California Vehicle Code Section 23152(f) – Driving Under the Influence of Drugs
According to California Vehicle Code Section 23152(f), “It is unlawful for a person who is under the influence of any drug to drive a vehicle.” For the prosecution to convict a person of a Drug DUI, the prosecution must prove that the defendant was under the influence of prescription or nonprescription drugs, meaning that the defendant’s ability to drive a vehicle was impaired when compared to a sober person who has not consumed drugs.
The defendant can be charged with a DUI for driving while under the influence of any of the following prescription and non-prescription drugs:
- Cold medications that make a person drowsy
- Sleeping pills
- Allergy pills like antihistamines
Proving a Person Guilty of Driving Under the Influence of Drugs
For the prosecution to convict a person of driving under the influence of drugs, the prosecution must prove a number of elements beyond a reasonable doubt. If the prosecution fails to prove even one element, it will not be able to convict the defendant of a Drug DUI charge.
The prosecution must prove the following elements:
- The defendant drove a vehicle, and
- The defendant was under the influence of drugs – That is, the defendant’s ability was impaired to the extent that he could not drive as would a sober person who is not under the influence of any drugs
Note: The prosecution typically proves that the defendant’s driving was impaired by using a police officer’s observations of things, such as bloodshot eyes, contraband within your possession, slurred speech, field sobriety tests, and chemical testing. Also, the term vehicle refers to cars, trucks, motorcycles, buses, motorized bikes, as well as motorized scooters.
Penalties if You’re Convicted of a DUID (DUI Drugs)
If the prosecution convicts a person of a DUI, he faces the following potential penalties:
- Conviction of a misdemeanor offense for a first-time offense
- Up to six months of imprisonment in county jail
- A fine of up to $1,000
- Three to five years of summary informal probation
- Suspension of your driver’s license for up to six months
- Enrollment in and completion of a DUI education program
- Performance of community service
If you have been charged with a DUI involving drugs, there are a number of defenses that your attorney can make to defend you. Here are some of the defenses that your attorney may use:
- The defendant was not driving
- The defendant was not under the influence of drugs
- There is an innocent explanation for signs of impairment, such as allergies that could contribute to a defendant looking like he or she is impaired
- The defendant was a victim of an illegal search or seizure
Examples of a Drug DUI
- Smoking medical or recreational marijuana and driving yourself to work
- Taking cough medication that makes you drowsy and driving to work
- Driving immediately after taking cocaine
What other Offenses are Related to Driving Under the Influence of Drugs
Here are some of the related offenses to Drug DUI charges under 23152(f):
- Drunk driving – VC 23152(a)
- Dry reckless driving – VC 23103
- Wet reckless driving – VC 23103/23103.5
- Driving under the influence of alcohol and drugs – VC 23152(g)
Contact an Experienced Drug DUI Defense Attorney
If you have been charged with a DUI involving drugs in violation of vehicle code section 23152(f), you should promptly contact an experienced Los Angeles Drug DUI Defense Attorney at The H Law Group to defend you keep you from going to jail and losing your license for a very long period of time. Our attorneys have defended thousands of clients charged with a wide variety of DUI offenses, so we are well equipped to defend you and mitigate the potential consequences that you face. Schedule your free consultation today by filling out the contact form below or by calling us at 1 (213) 370-0404.