Driving Under the Influence (DUI) of Drugs Legal Services | Sacramento, CA
Drug DUI Charges in Sacramento, CA
If you are charged with a Drug Driving Under the Influence Charge (DUI) in Sacramento (sometimes referred to as a “DUID”), you will either be charged with Vehicle Code (VC) 23152(f) or VC 23152 (g). VC 23152(f) states: “It is unlawful for a person who is under the influence of any drug to drive a vehicle,” whereas VC 23152(g) states: “It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.” Therefore, whether you are charged with subsection (f) or (g) is determined by whether you solely have drug(s) in your system, or a combination of alcohol and drug(s). 1
Investigation of Drug-Related DUI Cases
A typical alcohol DUI investigation generally entails an officer making a traffic stop, asking the individual questions DUI-related questions, and having the individual perform field sobriety tests. If the officer determines that there is enough evidence that the individual is under the influence, that person is obligated to submit to a blood or breath chemical test or face enhanced criminal and DMV penalties.
When drugs are involved, however, the investigation is different. In addition to the investigation performed by the arresting officer at the scene, one must also submit to a drug recognition evaluation performed at the police station. This evaluation contains tests specifically geared towards the detection of drug use such as pulse and blood pressure measurements, for example.
Mandatory Blood Test to Detect Drugs in Your System
If you are arrested for an alcohol DUI, you typically have the choice between a blood or breath test. However, if an officer suspects that you’re under the influence of a drug, you may be required to submit to a blood test. VC 23612(2)(C) states:
“A person who chooses to submit to a breath test may also be requested to submit to a blood test if the officer has reasonable cause to believe that the person was driving under the influence of a drug or the combined influence of an alcoholic beverage and a drug and if the officer has a clear indication that a blood test will reveal evidence of the person being under the influence. The officer shall state in his or her report the facts upon which that belief and that clear indication are based. The officer shall advise the person that he or she is required to submit to an additional test. The person shall submit to and complete a blood test. If the person arrested is incapable of completing the blood test, the person shall submit to and complete a urine test.” 2
Sacramento Drug-Related DUIs and DMV Suspensions
In order for the DMV to take action against your license, there must be evidence that an individual had a BAC of .08% or more at the time they drove. Therefore, if you are charged with a DUI solely for drugs under VC 23152(f), any administrative action taken by the DMV will be set aside. If you are charged with VC 23152(g), a DUI for the combination of alcohol and drugs, the DMV will set aside its administrative action if there is insufficient evidence to show that an individual’s BAC was at or above .08% at the time of driving.
Hiring a DUI Attorney for Drug-Related Cases in Sacramento
Defending against a drug DUI in Sacramento is not the same as defending against an alcohol DUI. An attorney must have a firm grasp on forensic toxicology and how drugs affect one’s ability to drive, that’ll be the most effective method to use to fight a DUI charge for drugs. Moreover, an attorney must understand how drugs and alcohol interact. Attorney Kocot is well-versed in this area, and is always available for a free consultation. Contact him at 916-572-6445.