March 13, 2013 By Matthew Wallin

Prosecution of DUI Cases Based Upon Drug Impairment – CVC 23152(a)

The prosecution of DUI cases based upon drug impairment (CVC 23152(a)) is more complex for prosecutors than alcohol-related DUI’s. The main reason for this is because “impairment” can be more difficult to prove, which makes these cases more difficult to prosecute.

Over the years, most DUI studies have focused on the effects of alcohol on driving ability and the body. Unlike alcohol, the impairment due to certain drugs is much less defined since there is no legal limit to the amount of certain drugs you can have in your blood stream.

In addition, there are such a large variety of “drugs” – illegal drugs; prescription drugs; over-the-counter drugs, etc. – that it can be difficult for prosecutors to prove if the substance found in your blood stream caused any impairment. Prosecutors usually rely on circumstantial evidence – evidence of your driving pattern, appearance, and performance during field sobriety tests – to prove that you were impaired.

Combination of Drugs and Alcohol

If your case involves the combination of alcohol and drugs, the investigation and scientific analysis is even more complex. The prosecutor must prove beyond a reasonable doubt that the combination of alcohol and drugs found in your blood stream substantially impaired your ability to safely operate a vehicle. Since each combination of drugs and/or alcohol has a different effect on a person’s body, it will be difficult for the prosecutor to prove that your specific combination made you impaired to the level that it would be unsafe for you to operate a vehicle.

Level of Impairment

When dealing with drug impairment, a determination that you are unable to safely operate the vehicle will fluctuate depending on the dose and how fast the substance is eliminated from your blood stream. Of course, these factors differ from person to person. This is also true for drunk driving cases based upon alcohol impairment.
The particular facts and circumstances of each suspect’s case will drastically impact how alcohol moves through and impacts the body, both physically and mentally. You need an experienced DUI defense attorney to help you determine if you were unable to safely operate a vehicle. With over 30 years of experience defending DUI cases based on drug impairment, we know what you and your family are going through. You do not have to fight your case alone.

California DUI Attorney

If you are arrested and charged with any type of DUI, you must immediately contact one of our experienced California DUI attorneys at Wallin & Klarich. Wallin & Klarich has been helping individuals charged with a DUI for over 30 years. Wallin & Klarich has the experience to defend you and do all we can to prevent you from going to jail and having your driving privileges from being suspended. Please call us today at (877) 4-NO-JAIL. You can also fill out our contact form and one of our attorneys will contact you immediately. We will be there when you call.

Your Answer

  • Contact Us Now

    If you or a loved one have been accused of a crime, now is the time to contact us.

  • This field is for validation purposes and should be left unchanged.

SCHEDULE YOUR free consultation

If you or a loved one have been accused of a DUI, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.