A common question when facing allegations of driving under the influence of drugs (CVC 23152(a)) is, how does the prosecution prove that a suspect was “under the influence” of a narcotic? Proving that a defendant was under the influence of a drug requires proving that the substance involved impaired driving. It is important to know that it is not a defense to the charge that the defendant had a prescription or otherwise legally used an over-the-counter, non-prescription drug.

DUI Prosecution

For a conviction based in whole or part on drug use, two general elements must be met:

(1) The drug must be a substance or combination of substances other than alcohol that can impair driving to an appreciable degree; AND

(2) It must be proved that the defendant was in fact impaired by that drug.

Simply being “impaired” may not be enough to sustain a conviction. The level of impairment must be “appreciable.”

Contact a California DUI Defense Lawyer

There are many factors that determine the outcome of a criminal case. Having a highly skilled California DUI Defense lawyer is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with a DUI in Orange County for over 30 years. You can call us at (877) 4-NO-JAIL. We will be there when you call.

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