Newport Beach DUID Lawyer

Common Types of Drugs in DUID Cases

Unlike alcohol-related DUIs, which rely on blood alcohol concentration (BAC), DUID charges can result from impairment by any drug—regardless of the amount in your system. Prosecutors will try to prove that your ability to drive was affected by the drug, but not all substances affect people the same way.

Some of the most common drugs involved in DUID cases include:

• Marijuana (THC): Legal for recreational use in California, but driving under its influence is still illegal.
• Prescription Medications: Painkillers (e.g., Oxycodone, Vicodin), anti-anxiety drugs (e.g., Xanax, Valium), and sleeping aids can impair your ability to drive.
• Over-the-Counter Drugs: Antihistamines, cold medications, or sleep aids like Benadryl can cause drowsiness or dizziness that leads to DUID arrests.
• Stimulants: Cocaine, methamphetamine, and Adderall may cause risky driving behavior, paranoia, or aggression.
• Hallucinogens: LSD, psilocybin mushrooms, and ecstasy (MDMA) impair judgment and perception.

Even if the drug was legally obtained or prescribed, you can still face charges if law enforcement believes it impaired your driving ability.

California Drug-Related DUI Laws

California Vehicle Code § 23152(f) makes it illegal to operate a motor vehicle while under the influence of any drug. This includes illegal narcotics, prescription medications, and legally purchased cannabis. Unlike alcohol DUIs, there's no “legal limit” for drugs—prosecutors must prove actual impairment.

How Are DUIDs Proven in California?

A DUID case typically relies on:

• Officer Observations: Erratic driving, bloodshot eyes, slurred speech, or failed field sobriety tests.
• Drug Recognition Expert (DRE) Testimony: A specially trained officer may conduct a 12-step evaluation to determine drug impairment.
• Chemical Testing: Blood or urine tests may be used to detect the presence of drugs.
• Toxicology Reports: These reports try to correlate drug levels with impairment, though such correlations are often disputed in court.

It’s important to note that simply having drugs in your system does not automatically prove impairment. A skilled Newport Beach DUID lawyer can challenge the methods used to collect and interpret this evidence.

Penalties for a DUID in Newport Beach

The penalties for a drug DUI in California are similar to those for an alcohol-related DUI and may include:

First offense:

• Up to 6 months in jail
• Fines of $390 to $1,000 (plus penalty assessments)
• License suspension for up to 6 months
• Mandatory DUI education program

Second or subsequent Offenses:

• Longer jail sentences
• Extended license suspensions
• Installation of an ignition interlock device (IID)
• Probation or drug treatment requirements

In cases involving injuries, fatalities, or prior convictions, you may face felony charges and significantly harsher consequences.

Newport Beach DUID FAQs

Can I be charged with a DUID even if I have a medical marijuana card?
Yes. Even with a prescription or medical marijuana card, it is illegal to drive while impaired. Law enforcement only needs to show that the drug impaired your ability to drive safely.

What if I wasn’t actually high or impaired at the time of the arrest?
You can still be charged based on officer observations and toxicology results. However, having a drug in your system is not proof of impairment. A skilled attorney can dispute this.

Do I have to submit to a blood test for drugs?
Under California’s implied consent law, you are required to submit to chemical testing if lawfully arrested for DUI. Refusal can lead to enhanced penalties and license suspension.

Can over-the-counter medication result in a DUID arrest?
Yes. Even legal OTC drugs can cause drowsiness or delayed reaction time. If police believe your driving is impaired, you could be arrested and charged.

Is a drug DUI a felony or misdemeanor?
Most first-time DUIDs are misdemeanors. However, it could be charged as a felony if it involves injury, death, or if you have prior DUI convictions.

Contact Our Newport Beach DUID Attorney Today

A drug DUI arrest can be a frightening and life-changing experience. The sooner you get legal help, the better your chances of protecting your rights, your license, and your future. At Braden & Tucci, we bring decades of experience to every case and fight aggressively to achieve the best outcome for our clients.

If you've been arrested for DUID in Newport Beach or the surrounding areas, don’t wait. Contact us today at (949) 996-0170 for a confidential consultation and let a top-rated Newport Beach DUID lawyer begin working on your defense.