Anaheim DUID Attorney

What Is a Drug DUI?

A drug DUI (DUID) occurs when a driver operates a vehicle while impaired by any substance—legal or illegal—that affects their ability to drive safely. Unlike alcohol DUIs, which rely on a measurable blood alcohol concentration (BAC), drug impairment is often subjective and can depend on officer observations, field sobriety tests, and chemical analyses.

Drugs that may lead to a DUID charge include illegal substances, prescription medications, and even over-the-counter drugs that cause drowsiness or impair coordination.

Common Types of Drugs Involved in DUID Cases

Drug impairment can result from a wide range of substances. Here are some of the most common types of drugs involved in Anaheim DUID cases:

• Marijuana (THC): Although recreational marijuana is legal in California, driving under the influence of cannabis is not. THC, the psychoactive component of marijuana, can impair reaction time, perception, and coordination—even if used hours before driving.
• Prescription Medications: Many prescription drugs, such as opioid painkillers, anti-anxiety medications (like Xanax or Valium), and sleep aids (like Ambien), can cause drowsiness or slow reflexes. Even when legally prescribed, driving under their influence can lead to DUID charges.
• Illegal Drugs: Cocaine, methamphetamine, heroin, and ecstasy are among the most common illegal drugs that lead to impaired driving arrests. These substances can cause erratic behavior, poor judgment, or overconfidence while behind the wheel.
• Over-the-Counter Medications: Certain OTC medications—especially those containing antihistamines or cough suppressants—can cause drowsiness and delayed reaction times, potentially resulting in a DUID arrest.

California Drug DUI Laws

Under California Vehicle Code §23152(f), it is unlawful for a person to drive a vehicle while under the influence of any drug. This statute applies to both illegal and legal substances, including prescription and over-the-counter medications.

To convict a driver of DUID, prosecutors must prove that:

1. The driver consumed or used a drug; and
2. The drug impaired the driver’s ability to operate a vehicle safely.

Testing for Drugs

Law enforcement officers in Anaheim often use Drug Recognition Experts (DREs) to assess impairment through field sobriety tests and physical signs. Chemical tests such as blood or urine analysis may also be administered to detect drugs in a driver’s system. However, unlike alcohol, there is no specific legal threshold for drug concentration—making these cases highly subjective and open to challenge.

Penalties for DUID in California

Penalties depend on whether the DUID is a first-time or repeat offense:

• First Offense: Up to 6 months in jail, fines up to $1,000, 6-month license suspension, and mandatory DUI school.
• Second Offense: Up to 1 year in jail, higher fines, longer license suspension, and extended DUI school.
• Third or Subsequent Offense: Up to 1 year in jail or possible felony charges with prison time.

A felony DUID may also apply if someone is injured or killed as a result of the impaired driving incident.

DUID FAQs

Can I be charged with a DUID if I have a valid prescription?

Yes. Even if you’re legally taking medication prescribed by your doctor, you can still face a DUID charge if the drug impairs your ability to drive safely.

What if I refused a blood or urine test?

Refusing a chemical test after a lawful arrest can result in automatic license suspension and additional penalties under California’s implied consent law.

How long does a DUID stay on my record?

A DUID conviction remains on your record for 10 years for purposes of determining prior offenses and enhanced penalties.

Are drug DUIs treated the same as alcohol DUIs?

In many ways, yes. Both are prosecuted under California’s DUI laws and can result in similar penalties, including license suspension, fines, and jail time.

What if I was arrested for using marijuana before driving?

Even though marijuana is legal in California, driving while impaired by THC remains illegal. Blood test results and officer observations are often key evidence—but both can be challenged by an experienced DUID defense attorney.

Contact an Anaheim DUID Lawyer Today

A DUID charge can threaten your license, your reputation, and your freedom—but you don’t have to face it alone. The experienced attorneys at Braden & Tucci are dedicated to protecting your rights and delivering the strongest possible defense.

Whether you’re accused of using marijuana, prescription drugs, or other controlled substances, our legal team will fight to ensure your case is handled fairly and justly.

Call (949) 996-0170 today to take the first step toward protecting your future.