Irvine DUID Lawyer

Common Types of Drugs in DUID Cases

In California, DUID offenses fall under Vehicle Code §23152(f). DUID cases can involve a wide variety of substances, both legal and illegal. Unlike alcohol DUIs, drug DUI cases often rely on subjective observations and chemical tests that are less conclusive. Below are common drugs involved in DUID arrests in Irvine:

• Marijuana (THC): Even though recreational cannabis is legal in California, it’s still illegal to drive under its influence. THC can impair reaction time, concentration, and decision-making.
• Prescription Medications: Many legally prescribed drugs have side effects such as drowsiness, confusion, or slowed reaction time. Common prescription medications involved in DUID charges include:
  • Xanax (anti-anxiety)
  • Ambien (sleep aid)
  • Oxycodone (painkiller)
  • Adderall (stimulant)
• Over-the-Counter Medications: Some OTC drugs, such as cold medicines containing diphenhydramine (Benadryl), can also lead to impairment and result in a DUID.
• Illicit Drugs: Drugs like methamphetamine, cocaine, heroin, and LSD are common in drug DUI arrests and typically result in harsher penalties due to their classification and effects.

Penalties for DUID in Irvine

Penalties can vary based on your prior record and the specifics of the arrest. A first-time offense may carry:

• Up to 6 months in jail
• Fines and court fees over $2,000
• Driver’s license suspension for 4–10 months
• Mandatory DUI school
• Probation

Repeat offenses and DUIDs involving accidents, injuries, or minors can lead to harsher consequences, including felony charges.

How Are DUIDs Detected?

Unlike alcohol, which can be measured via a breathalyzer, drugs require chemical testing through blood or urine. Additionally, law enforcement may use Drug Recognition Experts (DREs) to make a subjective assessment based on your behavior and physical appearance. These methods are often flawed and open to legal challenge.

Defending Against DUID Charges

At Braden & Tucci, our Irvine DUID lawyers analyze every aspect of your case, including:

• Unlawful traffic stops: Was there probable cause to pull you over?
• Improper chemical testing: Was the blood or urine sample handled correctly?
• Questionable DRE evaluations: Were proper procedures followed?
• Lack of impairment evidence: Is there proof you were actually impaired at the time of driving?

We work to suppress unreliable evidence and argue for reduced charges or full dismissal whenever possible.

FAQs About DUID Charges in Irvine, CA

Is a drug DUI treated differently than an alcohol DUI?

In terms of penalties, drug DUIs are treated similarly to alcohol DUIs in California. However, proving impairment is more complicated in DUID cases due to the lack of a universally accepted threshold like the 0.08% BAC for alcohol.

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

Yes. Having a valid prescription does not exempt you from DUID charges. If the drug impaired your ability to drive safely, you can still be arrested and prosecuted.

What if I refused a blood or urine test?

Under California’s implied consent laws, refusing a chemical test after a lawful DUI arrest can result in additional penalties, including a one-year license suspension and enhanced consequences in court.

Will I lose my license after a DUID arrest?

You may face both criminal penalties and administrative action from the DMV. You must request a DMV hearing within 10 days of your arrest to challenge the automatic suspension.

Can I fight a DUID charge in Irvine?

Absolutely. Many factors in DUID cases are open to legal challenge, including the validity of the traffic stop, the reliability of drug testing methods, and whether you were actually impaired while driving.

Contact an Irvine DUID Attorney Today

If you’ve been arrested for driving under the influence of drugs in Irvine, time is critical. Call Braden & Tucci now to schedule a free consultation with an experienced Irvine DUID lawyer. We’re here to provide clear guidance, strategic defense, and peace of mind.

Call (949) 996-0170 today or fill out our online contact form to get started.