The primary issue in a California DUI Drugs case is whether the drugs (legal or illegal, prescribed or over-the-counter) affected your ability to safely drive your vehicle
California Vehicle Code 23152(a) prohibits driving under the influence of drugs.
It is irrelevant whether the drugs were legal or illegal, prescription or over-the-counter. Under California DUI law, “drugs” means any substance or combination of substances (other than alcohol) which could affect your central nervous system, brain, or muscles.
The language of California Vehicle Code 23152(a) specifies that if “your physical or mental abilities are impaired to such a degree that you no longer have the ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.”
The primary issue in a California DUI Drugs case is whether the drugs (legal or illegal, prescribed or over-the-counter) affected your ability to safely drive your vehicle. One extremely relevant factor is the reason for the initial DUI stop – is it alleged that you were speeding 70 mph in a 65 mph zone, or did you cause a traffic accident after bolting through a red light? This will be taken into consideration by the prosecutor, judge and jury.
In order to make sure that your rights are accurately and aggressively defended after being charged with DUI in Orange County, you may want to contact the experienced Orange County criminal defense law firm of Wallin & Klarich. Our attorneys have been helping those accused of crimes, such as DUI, for more than 30 years. Wallin & Klarich has the legal resources and knowledge to assist you in obtaining a successful outcome at your DMV hearing and in your DUI case. Call Wallin & Klarich today at 888-280-6839 or visit www.wklaw.com to find out more about how we can help.