Being arrested on suspicion that you were impaired while driving can be an embarrassing and frustrating experience. Law enforcement officers, prosecutors, and judges treat impaired driving offenses harshly because they are the leading causes of fatal auto accidents.

If you are in trouble with the law on suspicion that you were under the influence of drugs while driving, you should strive to learn what to expect and the defenses that could work in your favor to obtain a favorable outcome. Familiarizing yourself with what to expect during prosecution can help you face the alleged charges knowledgeably and proactively.

At California Criminal Lawyer Group, we understand how critical it is to challenge impaired driving charges aggressively at every stage of the criminal justice system.

If you are under arrest or have a pending driving under the influence of drugs (DUID) charge in Bakersfield, you can rely on our attorneys to help convince the jury or judge to drop or reduce your charges.

DUID Charge at a Glance

Driving or operating a vehicle under the influence of drugs is a crime under Vehicle Code 23152(f) VC. Being "under the influence" means you cannot operate a vehicle like a sober, cautious driver would under the same circumstances.

Even if you were not impaired, the prosecutor could file DUID charges against you if he/she has evidence to prove you were driving under the influence of drugs, which is illegal under VC 23152(f). For the sake of this statute, a drug is any substance or mixture of different substances that could impact your brain, muscles, and nervous system.

Common drugs that could attract criminal charges under VC 23152(f) include the following:

  • Prescription drugs like Vicodin, codeine, and oxycontin.
  • Lawful drugs like cannabis or marijuana.
  • Illegal drugs like cocaine, heroin, methamphetamine, or peyote.

Unlike a drunk driving offense, a DUID charge does not have a per se lawful limit, meaning it is not a defense to argue the amount you had in your system at the time of the arrest was legal.

How the Police Will Build a DUID Case Against You After an Arrest

Without any standard legal limit, law enforcement officers have total discretion regarding whom and when to arrest for a DUID offense. Law enforcement officers can arrest you on suspicion that you were driving under the influence of drugs at a DUI sobriety checkpoint or anywhere on the road, particularly if an accident is involved.

After an arrest on suspicion that you were driving under the influence of drugs, the police will work with a Drug Recognition Expert (DRE) to help them conduct the investigation. A DRE is typically a police officer with special qualifications and training in detecting the signs of impairment and the drug(s) a driver has in his/her system. The investigation will involve the following:

  • Writing down the noticeable objective symptoms of intoxication, like a flushed face, red or watery eyes.
  • A request to perform Field Sobriety Tests (FSTs).
  • A breathalyzer test to determine whether you have alcohol in your system. A normal breathalyzer test result could indicate other drugs in your system.
  • Questioning about whether you are high and the specific type of controlled drug substance you ingested.

The police could also require your urine, saliva, or blood to determine the type of drugs you have in your system. While you can lawfully refuse to take a breathalyzer test before your arrest, it is unlawful to refuse a chemical blood or urine test after an arrest on suspicion that you were driving under the influence of drugs.

If your offense has no predetermined bail amount, you will remain in custody until the arraignment date, where a judge will determine your eligibility for bail based on the following:

  • Your criminal record.
  • The likelihood of fleeing the state after posting bail.
  • The commitment you have to your community.
  • Your family ties.
  • Your attorney's mitigating arguments.

When the court grants your bail request, you should be happy because you will receive your freedom to go home and unite with your family before your case’s trial.

What to Expect at the Trial Hearing for the Alleged DUID Charge

Your trial hearing will occur within forty-five (45) days of your plea or arraignment. That is why it is critical to request a release from jail on bail during your initial court hearing to go home and move on with your life. At trial, the judge or jurors will determine whether the allegations you are facing about driving under the influence of drugs are true. In a nutshell, here is what to anticipate during your case's trial hearing:

The Arresting Police Officer Will Testify Against You

Like a drunk driving offense, the arresting police officer will be present at trial to present his/her evidence regarding why he/she believed you were driving under the influence of drugs. The reasons the officer could give the court include the following:

  • You exhibited objective symptoms of intoxication like red eyes, dry mouth, or flushed face.
  • You were driving erratically or in an unsafe way.

If your breathalyzer test results were negative, meaning no alcohol was detected, the officer could testify that the signs of intoxication you exhibited were likely due to other drugs. To support this testimony, the court will allow him/her to invite a DRE to help demonstrate whether you had drugs in your system.

The DRE Will Give His/Her Testimony

Without a DRE's testimony, it could be challenging for the prosecutor to prove you were driving under the influence of drugs to obtain a conviction against you under VC 23152(f). The DRE's key responsibility during this hearing is to do the following:

  • Confirm that your level of intoxication was not due to alcohol or any alcoholic beverage.
  • Confirm that you had drugs in your system and not suffering from any illness or medical condition.
  • Confirm whether your intoxication or impairment was due to one or a combination of drugs.

The DRE will also testify about the entire process he/she used to determine whether you were driving under the influence of drugs and provide the necessary evidence to support his/her conclusion about your impairment.

The Prosecutor Will Introduce Your Blood or Urine Test Results

To secure a conviction against you for a drugged driving offense under VC 23152(f), the prosecutor will bear the burden of proving the allegations you are facing are true beyond a reasonable doubt. That means he/she must have clear evidence to support his/her argument. The prosecutor will prove you had drugs in your system when driving by introducing your chemical DUI test results.

The DUI chemical test results the prosecutor will use to support his/her case against you could take any of the following forms:

  • A toxicology test result that shows the presence of controlled or unlawful drugs in your system.
  • A thorough quantitative analysis that indicates the specific type and amount of drug(s) you had in your system.

The prosecutor could also invite a medical expert witness to testify that the amount of drugs in your blood was likely the cause of your impairment.

Further, to secure a conviction against you for a VC 23152(f) violation, the prosecution team must also prove the following key elements of the crime:

  • You were driving.
  • You were intoxicated by drugs when driving.

Potential Penalties for a DUID Charge Conviction

A DUID charge is typically a misdemeanor offense, but the prosecutor could file your case as a felony if any of the following are true:

  • It is your fourth DUI offense within the past ten years.
  • You have a prior criminal history.
  • You caused an accident, leading to severe injuries or death.
  • You had drug paraphernalia in your car at the time of your arrest.

The above are legally known as aggravating factors and could worsen your penalties upon a conviction for a VC 23152(f) violation. Below are the penalties you would face upon a conviction for a first, second, third, and fourth DUID offense, respectively:

  1. First-Time DUID

A first-time DUID offense will attract a fine not exceeding $1,000, jail time of up to six months, and a 6-month driver's license (DL) suspension upon conviction.

  1. Second-Time DUID

If you have a past DUI record, the prosecutor will file your case as a second-time DUID offense, which carries the following penalties upon conviction:

  • Up to one (1) year of jail time.
  • Up to $1,000 maximum fine.
  • 2-year DL suspension.

  1.  Third-Time DUID

If the prosecutor files a third-time DUID charge against you, that would mean that you have two prior DUI convictions on your record within the past ten years. A third-time DUID conviction will attract the following sentence:

  • An incarceration period of up to one (1) year in the county jail.
  • A fine amounting to up to $1,000.
  • 3-year DL suspension.

  1. Fourth-Time DUID

Upon a fourth-time DUID conviction, your sentence could include DL revocation for up to four (4) years, a fine not exceeding $1,000, and jail time of up to one (1) year.

It is worth noting that the prior DUI offense that will come into play when determining whether to file your DUID case as a first-time DUID or subsequent DUID includes drunk driving and wet reckless offense.

Instead of serving your sentence behind bars, you could qualify for an alternative probationary sentence, especially if it is your first DUID offense. However, the probation will come with the following conditions:

  • Agree to stay arrest-free.
  • Agree to stay drug and alcohol-free.
  • Consent to random drug tests by a probation officer.
  • Agree to install an IID (Ignition Interlock Device) in your vehicle.
  • Perform community service.
  • Attend drug or alcohol education program.

Defenses Your Attorney Can Assert to Challenge a DUID Charge

Being under arrest or charged with any offense does not mean a conviction is inevitable. There are several defenses your attorney can use at trial to have the alleged DUID charge dismissed or reduced. The most common defenses that could work in your favor to secure a favorable outcome include the following:

Having Drugs in Your System Does Not Mean You are Impaired, or Under the Influence

Undoubtedly, this is one of the most powerful defenses your attorney can use to challenge the alleged DUID charge because the toxicology test results show the presence of a drug and not the amount.

Generally speaking, there is no logical correlation or relationship between the amount of drug(s) you have in your body and your level of impairment because every person has a different tolerance level to drugs. If you are a regular user or consumer of a certain drug like marijuana, you will require more of it to feel high than a person who uses it occasionally.

A skilled attorney can use this defense argument to convince the judge to dismiss or reduce the DUID charge you are up against to a less severe offense with lighter consequences.

"Innocent Explanations" Could Mimic Drug Intoxication

Even lawmakers understand that several medical and physical conditions could mimic the objective symptoms and signs of drug intoxication or impairment. Common "innocent explanations" that can cause similar signs and symptoms even if you are not under the influence of drugs include:

  • Injury.
  • Nervousness and anxiety.
  • Diabetic ketoacidosis.
  • Allergies.
  • Lack of sleep.
  • Sickness.
  • Fatigue.

Your Chemical Test Results Were Inaccurate

The prosecutor will rely on your chemical test results to prove that you had drugs in your system when driving. Even if your chemical test results indicated you had drugs in your system, this does not mean these results are accurate. Your chemical test results are prone to inaccuracy, especially if the equipment used to store your urine or blood samples was unsanitized or contaminated.

Your chemical test results could also be inaccurate due to inappropriate handling of your blood, urine, or saliva samples. If the judge finds this defense convincing and reasonable, he/she will drop or reduce your charges.

Other defenses that could work in your favor to secure a favorable outcome on the alleged DUID charge include the following:

  • You were not driving.
  • You were not intoxicated at the time of your arrest.
  • The arresting officers did not have probable cause to arrest you.
  • The DUI sobriety checkpoint was unconstitutional.
  • The arresting officers did not inform you of your Miranda rights before the interrogation.

It is worth noting that being an authorized medical cannabis or marijuana patient is not a viable defense for DUID charges. The key part of a DUID charge is intoxication, not whether you had a prescription for the drug you had in your system at the time of the arrest.

A reliable defense attorney will keenly analyze your case to prepare defenses unique to your DUID case. Ensure the attorney you hire for legal representation on your case is:

  • Qualified and experienced.
  • Credible and reputable.
  • Legally licensed.
  • Available and accessible.

Offenses Related to the Crime of DUID Under VC 23152(f)

The following crimes are related to the crime of DUID, and the prosecutor could file any of them against you, especially if he/she has insufficient evidence to secure a conviction against you for a VC 23152(f) violation:

Driving While Addicted to Drugs

According to VC 23152(c), it is unlawful for any person to drive or operate a vehicle if he/she has a drug use disorder or addiction. This offense is a form of DUI and will attract the same penalties as a DUID charge conviction when the prosecutor obtains a conviction against you.

To secure a conviction against you under this statute, the prosecutor must prove beyond a reasonable doubt that you were driving and have a drug addiction. Being a casual user of certain drugs, like marijuana, does not mean you are addicted.

Like a DUID charge, it is not a defense to argue that you have a valid medical reason to use the drug you had in your system when charged with a VC 23152(c) violation. A reliable attorney will know suitable defenses to challenge the criminal allegations you are up against to obtain the best possible outcome, including a lighter charge or case dismissal.

Possession of Drug Paraphernalia

Health and Safety Code (HS) 11364(a) makes it an offense to have drug paraphernalia. For the sake of the statute, drug paraphernalia includes any instrument, device, or equipment used to consume, smoke, or inject unlawful drugs or controlled substances into your body.

Common items that could attract possession of drug paraphernalia charges under HS 11364(a) include:

  • Cocaine spoons.
  • Smoking bongs and pipes.
  • Methamphetamine pipes.

Unlawful possession of drug paraphernalia is a misdemeanor offense, carrying the following sentence upon conviction:

  • Up to six (6) months of jail time.
  • A fine amounting to up to $1,000.

If you are a doctor, lawyer, contractor, teacher, or real estate agent, you could lose your professional license upon a conviction under HS 11364(a).

Possession of a Controlled Drug Substance

Having a controlled substance, including prescriptions and unlawful drugs, in your possession is a misdemeanor offense under HS 11350(a). According to this statute, having a controlled drug substance in your possession means it was on your person or somewhere within your reach or control.

To secure a conviction against you for possession of a controlled drug substance, the prosecutor must prove the following elements:

  • You had a controlled substance in your possession, which could be cocaine, methamphetamine, heroin, marijuana, Ketamine, or Vicodin.
  • You were aware of the drug's presence.
  • You did not have a prescription or lawful excuse to have the drug in your possession.
  • You were aware the substance in question was a controlled drug.
  • The substance was in a readily usable amount.

In most cases, the prosecutor will file a simple drug possession offense as a misdemeanor, punishable by:

  • A fine not exceeding $1,000.
  • A jail term of not more than one (1) year.
  • Misdemeanor probation.

If your offense was non-violent, you could be eligible for any of the following drug diversion programs to serve your sentence in a rehabilitation and drug treatment program instead of jail:

  • Drug court.
  • Drug diversion program under Penal Code (PC) 1000.

Once you complete these treatment programs successfully without any violations, the court will dismiss your drug possession charges.

How to Obtain an Expungement for a VC 23152(f) Violation Conviction

Most criminal convictions, including a VC 23152(f) violation conviction, will remain on your criminal record until you obtain an expungement. An expungement under PC 1203.4 will allow you to withdraw your "no contest" or "guilty" plea and enter a "not guilty" plea, releasing you from all negative repercussions of a conviction.

According to PC 1203.4, you would qualify for an expungement as long as:

  • You are not serving jail time or probation for any offense.
  • You did not spend your sentence in the state prison, or if you did, you could qualify to serve your sentence in the county jail under the new realignment program under Proposition 47.

If your expungement petition is successful, the court will dismiss your case, allowing you to lawfully say you do not have a criminal record during job interviews. Aside from increasing your chances of securing reliable employment, obtaining an expungement after a VC 23152(f) violation conviction has the following benefits:

  • It makes it easier to obtain professional licenses.
  • The expunged conviction(s) cannot work against you to impeach your reliability or credibility as a witness in a criminal case.
  • A landlord cannot discriminate against you when seeking to rent his/her property.
  • In some cases, it could help you avoid negative immigration consequences like deportation.

Find a Bakersfield Defense Attorney Near Me

If you have pending DUID charges in Bakersfield, our profound attorneys at California Criminal Lawyer Group can intervene and do what they do best to help you obtain the best possible outcome. Call us at 661-750-8230 to discuss your DUID case with one of our experienced and credible DUI attorneys, regardless of the time or day.