Driving under the influence of alcohol or drugs under California Vehicle Code Section 23152 (a)

By: Wallin & Klarich

Code section 23152 prohibits driving under the influence of drugs or alcohol. Drugs are substances that affect your physical or mental abilities to drive a vehicle with caution that a sober reasonable person would under the same circumstances.

Some type of drugs that fall within the ambit of this code section include marijuana, prescription drugs, pain killers, anti depressants, pcp, ecstasy and even cold medicine.

The prosecution will look at whether the drug ingested affected your ability to safely operate a vehicle among other factors.

When this circumstance arises, a drug recognition expert (DRE) is called out to the scene. This individual is specifically trained to identify any individual who is under the influence of alcohol or drugs.

The DRE officer will conduct testing including checking pulse rate, an eye examination, and administer field sobriety tests similar to the alcohol DUI field sobriety tests.

DRE are typically called as part of the prosecution’s evidence and to testify as to the drug ingested or used as well as the toxicology result which shows a positive or negative result.

If you or someone you love has been accused of a DUI offense or reckless driving offense in California, contact the experienced DUI criminal defense attorneys at Wallin & Klarich today at 1-888-280-6839 or visit us at www.wklaw.com for a free phone consultation. We will be there when you call. We have offices in Los Angeles, Riverside, San Bernardino, Ventura and Orange Counties.

Posted In: DUI & Drunk Driving