DUID Attorney in Los Angeles

Arrested for Driving Under the Influence of Drugs (DUID)?

DUI relates not only to charges involving alcohol but also to those involving drugs. These drugs may be legal or illegal, ranging from cocaine to a prescription drug or even over-the-counter cold medicine.

Driving under the influence of drugs (DUID) is a complex charge often subject to ambiguous evidence or opinion in the DUI criminal process. For this reason, it is crucial to work with a knowledgeable Los Angeles DUI attorney who is experienced in drugged driving cases.

The nuances of DUID are intricate and require an understanding of how different substances impact driving ability. Unlike alcohol-related DUIs, where specific blood alcohol concentration (BAC) levels define impairment, drug-influenced driving often relies on subjective observations and field sobriety tests, which can lead to disputable outcomes. It becomes essential for the defense to meticulously analyze the circumstances of the arrest and the tests conducted.

If you are facing DUID charges, don't wait to schedule your free consultation with our drugged driving attorney in Los Angeles. Call (800) 716-6791!

In doing so, they can look for any proof that your abilities were not impaired, that your test results were inaccurate, or that your rights were violated. Beyond the legal technicalities, your DUID attorney will consider various factors, such as your medical history, prescription medications, and even dietary habits, which could have affected your test results or behavior during the arrest.

Charges Involving Drugs & DUI

If law enforcement believes that you are under the influence of a drug that has affected your driving, they are obliged to get you tested to determine if you are driving under the influence of drugs. If it is discovered through a blood test that you have drugs in your system—even a legally obtained prescription medication— and if it is believed that those drugs affected your driving, you will be arrested.

This charge is often initially based on the observation of the officer and field sobriety tests conducted. These tests are less than scientific and are more easily challenged. Officers’ observations can be subjective and affected by environmental or personal biases, making it critical to question the validity of their conclusions in court. Legal representation can challenge these assessments and advocate for more objective measures to confirm impairment.

Challenging Drug Recognition Evaluators in DUID Cases

In California, DUID cases hinge upon the ability of the prosecution to prove that the driver was under the influence of drugs and that their abilities were impaired. Drug Recognition Evaluators (DREs) often play a key role in this.

It is essential to understand that while DREs employ standardized methods, human error and interpretation play significant roles in their assessments. Therefore, having an attorney well-versed in disputing DRE findings can be invaluable. They can scrutinize the qualifications of the DRE, the conditions under which the evaluations were conducted, and the consistency in the results, ensuring every possible flaw in the process is highlighted in your defense.

No matter the outcome of these specific tests, it is essential to consult a DUID lawyer as soon as possible. If you work with a defense lawyer at Gold & Witham, we will utilize our decades of experience in this area to help you avoid a conviction. We understand that entirely innocent drivers are sometimes arrested for driving under the influence of drugs simply because they are tired or nervous, which a police officer can mistake for being under the influence of drugs.

Defending Against Drugged Driving Charges in Court

In defending DUI cases based on drugs, it is important to obtain a portion of the blood or urine sample for analysis by a toxicologist. The State often only tests the sample for the presence of drugs, relying on a positive test for conviction.

Toxicologists retained by the defense may test the sample for the amount of drugs in the defendant’s system, in an effort to convince the Court that there was only a low amount of medication present, inconsistent with impairment.

With DUI charges based on alcohol, the legal threshold is .08%. It’s presumed that a person is impaired at or above this level. However, with drugs, there is no magic number, and everyone’s tolerance is different. Impairment or lack thereof is subject to opinion and the evidence must be closely examined by an experienced attorney. An attorney can explore alternative explanations for drug presence in the body or argue that the detected levels do not correlate with impaired functioning.

Contact Our Los Angeles DUI of Drugs Attorneys

At Gold & Witham, your attorney has many resources—including their own investigative team to re-evaluate the evidence against you. Our DUI defense lawyers have over 40 years of combined legal experience, and we have the resources needed to conduct an independent investigation of your DUI of drugs case to build a strong defense on your behalf.

There is no question that the ability of your lawyer is going to be a crucial factor in whether you are convicted of driving under the influence of drugs. 

A skilled Los Angeles DUID lawyer at our firm may be just the support you need.

Contact Gold & Witham today for your free consultation with our drugged driving lawyer!

FAQ: DUID in Los Angeles

What Should I Do if I Am Stopped for a Suspected DUID?

If you are stopped under suspicion of DUID, it's critical to remain calm and cooperative. Provide the officer with your driver’s license, registration, and proof of insurance, but limit further conversations. Politely decline to answer additional questions without a lawyer present. You have the right to request an attorney before submitting to any field sobriety or chemical tests. However, note that refusing a chemical test may result in immediate license suspension under California's implied consent laws. Contact a DUID attorney as soon as possible to navigate the complexities of your situation and protect your rights from the outset.

How Can a DUID Conviction Affect My Life?

A DUID conviction can have far-reaching effects beyond just legal penalties. You may face substantial fines, mandatory drug treatment programs, increased insurance premiums, and a potential criminal record, which can impact current and future employment opportunities. In certain professions, a DUID conviction might lead to immediate job suspension or termination, particularly if your role involves driving or a security clearance. In addition, your personal life might be affected, causing stress and strain on relationships and personal reputation. Addressing a DUID charge promptly with effective legal assistance is crucial to minimizing these negative impacts.

What Types of Drugs Can Lead to a DUID Charge?

Both legal and illegal drugs can lead to a DUID charge if they impair your ability to drive safely. This includes illicit drugs such as cocaine and methamphetamine, as well as prescription medications like opioids, sedatives, or stimulants when used improperly or without a prescription. Even over-the-counter medications that cause drowsiness or affect coordination, like antihistamines, can form the basis of a DUID charge. Understanding the potential effects of any substance you're taking and discussing its impacts on your driving abilities with a healthcare professional can help prevent unintentional DUID incidents.

What Are the Legal Defenses for DUID in Los Angeles?

Legal defenses for a DUID in Los Angeles can include challenging the results or administration of sobriety tests, disputing improper police procedures, or providing evidence that a legal prescription was taken as directed. An attorney might also demonstrate that the substance did not impact driving ability despite its presence in the bloodstream, or that there were alternate causes for observed impairment, such as fatigue or medical conditions. Comprehensive defense strategies may involve toxicology experts to contest evidence or forensic scientists to review testing procedures, ensuring every defense avenue is exhaustively pursued.

How Does California Law Treat Medical Marijuana in DUID Cases?

California’s legal stance on cannabis, including medical marijuana, adds complexity to DUID cases. Although medical marijuana use is legally permitted, impairment by cannabis while driving is not tolerated. Law enforcement does not have a specified legal threshold for cannabis impairment like the .08% BAC for alcohol, so cases rely heavily on officer observations and field tests. Proving impairment from marijuana can be subjective and highly disputable. Therefore, having an attorney who understands cannabis-related DUID legislation and can navigate these nuances is essential in forming a strong defense.