Pasadena, California DUI Drugs Attorneys
In the California, a person can be arrested for “driving under the influence of drugs” (DUID) if an officer believes his or her ability to drive has been impaired by legal or illegal drugs. Under state law, it doesn’t matter if a driver took legal prescription or over-the-counter medication: if an officer believes a driver’s ability is impaired by drugs, he or she can be charged with DUID. Another feature of California’s DUI drug law is how it treats people addicted to illegal drugs. California’s DUID law makes it illegal for a drug addict to drive a car, even if he or she is not under the influence of a drug at the time of their arrest. At the law office of Khalaf & Khalaf, our attorneys advise and represent people charged with a DUI drug offense.
Before you lose your license or plead guilty, contact DUI drug defense lawyers at Khalaf & Khalaf today to schedule a confidential consultation to discuss your case.
What If I take Prescription Medication or Over-the-Counter Drugs?
The issue in a DUID isn’t whether the drugs taken are legal or illegal; rather, the issue is whether or not your driving is impaired due to the drugs you’ve taken. Cough medicine, allergy medicine, or a cold tablet can cause drowsiness. Benzodiazepines like Ativan or certain anti-depressants can have the same affect while altering one’s mental state. In each case, the issue is how drugs affect your reaction time and mental acuity.
How is Impairment determined in a DUI Drug Arrest?
In certain respects, a DUID arrest is similar to a DUI for alcohol: an officer uses observable driving behavior to determine if he has reasonable suspicion to pull a car over. If a driver exhibits certain kinds of behavior like slurred speech, slow reflexes, or impaired ability on a field sobriety test, he or she will be asked to submit to a breathalyzer. If the breathalyzer test is passed, the driver will be asked to submit to a blood test. Should the driver refuse, he or she will be arrested and face an enhanced penalty for refusing a chemical test. Doing so results in the automatic loss of your driver’s license for one year.
Unlike blood alcohol count (BAC) involving drunk driving, the DMV does not have a standard measurement for determining an unacceptable level of drugs in a person’s body for DUID. As a result, if your BAC registered below .08% on your breathalyzer test, it’s likely you will be able to successfully challenge the suspension of your driver’s license. In regard to the charge of DUID itself, our attorneys consult with medical specialists, pharmacists, and drug recognition experts in challenging the claim our client’s prescription or over-the-counter drugs impaired his or her driving.
Contact DUID Attorneys at Khalaf & Khalaf
In DUID cases, the reality is there simply isn’t a fixed standard for determining impairment as in drunk driving cases. This places a heavy burden of proof on the prosecution – especially in DUID cases involving legally prescribed or purchased over-the-counter medication. We use our years of experience in the courtroom to question the credibility of the arresting officer and the facts of your case to provide an aggressive defense. If you’ve been arrested for DUID, contact DUI drugs defense attorneys at Khalaf & Khalaf today.
