A common sentence for DUI convictions in California is probation. However, probation is not the same for all cases under California law. You should not assume you will receive the same probation terms as someone else. Instead, you need to contact an experienced Los Angeles DUI attorney as soon as possible to discuss your DUI case. You could face jail time and probation for a drunk driving conviction.

What Does Informal Probation DUI Mean in California?

Most people convicted of misdemeanor DUI offenses in California are placed on informal probation, also known as summary probation. Informal probation for misdemeanor offenses does not require you to meet regularly with a probation officer.

Instead, the judge sets the terms and conditions of probation. The court expects you to complete each of the probation requirements by the deadline. The court can set future hearing dates for you to appear to provide proof of completing various probation terms.

Does Everyone With a DUI Get Informal Probation?

Probation is a typical DUI sentence for all types of drunk driving offenses. Whether you receive informal or formal probation depends on the DUI charges and facts of your case.

Many counties in California impose informal or summary probation for misdemeanor DUIs, unless there are aggravating circumstances involved in the case. However, a few counties impose formal probation, even for first-time DUI convictions.

To avoid probation, you need to contact experienced California criminal defense attorneys immediately to discuss ways to fight DUI charges.

How Long is Informal Probation After DUI in California?

Drivers convicted of DUI in California can be sentenced to three to five years of DUI probation. The duration of your probation depends on your criminal record, the specific DUI offense, whether there were aggravating factors, and the county in which you are sentenced.

How Long is California Probation for a First DUI Conviction?

Again, the length of your probation depends on numerous factors. However, many courts throughout California impose a one to three-year summary probation term for first-time DUI convictions.

If there are no aggravating circumstances, you cooperated with the officers, and you appear remorseful, the judge might impose the least amount of probation (one year). An experienced California DUI defense lawyer can usually give you an idea of the typical summary probation terms for first-time DUI convictions in your county.

California DUI Probation – How It Works

Summary probation or informal probation is unsupervised. The court does not assign a probation officer you must meet with periodically throughout your probation period. Even though you do not meet with a probation officer, it does not mean the court does not monitor your case. If the judge assigns terms of probation that require you to meet deadlines, the court monitors those deadlines. Failing to meet the deadlines could result in a probation violation and bench warrant.

Throughout your probation period, you must follow specific rules to “terms” of probation. There are general probation rules that apply to all individuals on probation. There are also probation rules that apply in DUI cases. In addition, a judge might order specific rules based on the facts of your case.

What Are the Conditions of Probation in a DUI Case?

The general and specific terms of probation in a DUI case include, but are not limited to:

• Refraining from committing any additional criminal offenses while on probation
• Submit to chemical tests if arrested on DUI charges, including blood tests and breath tests
• Submit to a preliminary alcohol screening (PAS) test if stopped for suspicion of driving under the influence (breathalyzer or cheek swab test)
• Refraining from driving with any measurable amount of alcohol or drugs in your system
• Payment of restitution to accident victims
• Complete community service
• Attend a DUI program
• Participate in a drug and/or alcohol treatment program
• Attend Alcoholics Anonymous (AA) meetings
• Pay fines and court costs
• Submit to random drug and/or alcohol testing

Some judges make refraining from consuming alcoholic beverages a condition of probation. Therefore, if you fail a drug and/or alcohol test during probation, the court might charge you with violating probation. It is crucial that you read the entire list of probation requirements to ensure you understand your responsibilities and probation requirements.

Probation Is Often a Component of a Sentence for DUI

Judges may sentence people to probation instead of serving a jail term. If so, the person can avoid going to jail for DUI by completing their probation term.

However, the judge often imposes other DUI penalties as part of the sentence. Other penalties for a DUI arrest in California include, but might not be limited to:

• County jail time, which could be suspended if you complete your probation term
• Fines and assessments totaling thousands of dollars
• Complete the California Department of Motor Vehicle’s DUI School
• Suspended driver’s license
• Installation of an ignition interlock device (IID) in all vehicles you own
• Designation as a Habitual Traffic Offender (HTO)
• A strike against you under California’s Three Strikes Law (for felony DUI convictions)
• Revocation of driving privileges

The sentence for driving under the influence depends on your criminal record, prior DUI history, aggravating factors, and the circumstances of your arrest.

DUIs are priorable offenses in California. For prior DUI convictions within a 10-year period, the sentence increases in severity. A felony DUI conviction counts as a priorable offense, regardless of the date of the conviction.

Does Informal Probation Go On Your Record?

Your DUI case file contains the specifics of your DUI probation. However, your official criminal record should only contain the date of your arrest and conviction for drunk driving.

However, if you violate the terms of probation, a probation violation becomes part of your criminal record if you are convicted.

DUI Informal Probation Violations

If you violate the terms of informal DUI probation, the judge might:

• Revoke probation and require you to serve your original county jail sentence
• Reinstate informal probation, but lengthen the duration of the probation period
• Add more terms and requirements to probation

A judge could sentence you to other criminal penalties for a violating the terms of your probation. Police officers can pick you up on a probation violation with or without an arrest warrant.

Formal Probation Is an Involved Process for the Individual and Entails Regular Visits With a Probation officer

Formal probation or supervised probation is different. Typically, formal probation is granted in felony DUI cases. Therefore, it is often referred to as “felony probation.” The probation term begins after your release from prison. The term for formal probation is typically three to five years.

With formal DUI probation, you must meet with a probation officer. You could be arrested if you miss a meeting with your probation officer. Your probation officer monitors your progress in completing the terms of probation. You must meet the deadlines set by the probation officer. In addition, your probation officer might conduct random drug and/or alcohol tests. The terms of formal probation might be much stricter than the terms of informal probation.

DUI FAQs About Informal Probation

Our Los Angeles DUI attorneys answer numerous questions about California DUI probation. Below are answers to some of the most frequently asked questions (FAQs) about the terms of DUI probation.

What Is California’s Zero-Tolerance Law?

California Vehicle Code Section §23154 makes it unlawful for anyone on probation for DUI to operate a motor vehicle with a blood alcohol concentration (BAC) of .01% or higher. In other words, any measurable amount of alcohol in your system while driving during probation is against the law.

The implied consent section of this statute states that a person on DUI probation is deemed to have given their consent to preliminary alcohol screening (PAS) tests and other chemical tests for BAC levels. Therefore, you cannot refuse a breathalyzer, cheek swab, blood test, or breath test before or after a DUI arrest without penalty.

When Is An Ignition Interlock Device (IID) Required?

Ignition interlock devices (IIDs) prevent a vehicle from starting unless the driver provides an alcohol-free breath sample. After a DUI conviction, an IID might be required to obtain a restricted driver’s license. A judge might order the defendant to install an IID if the defendant had a high BAC level (above .15%), had prior impaired driving convictions, or refused to take a chemical test as conditions of probation.

The installation period for an IID depends on several factors, including your driving history and whether you injured someone while driving under the influence. If you are driving with a suspended license after a DUI, the judge might require an IID for one to three years after you reinstate your driving privileges.

Are There Driving Restrictions While On DUI Probation?

A person on probation for DUI cannot operate a motor vehicle with any alcohol or drugs in their system. They are not permitted to commit other crimes while on probation. Therefore, driving without a valid license or automobile insurance would be considered a probation violation because those actions are against the law. In addition to punishment for violating probation, the person may also face penalties for the additional criminal offense.

What Is Alternative Sentencing?

Instead of imposing a jail sentence, a judge might give the defendant probation, including alternative sentencing. For example, alternative sentencing might include community service, Cal-Trans roadside work, house arrest, or electronic alcohol monitoring with a SCRAM device.

Am I Required To Attend Special Classes Or Programs?

Probation terms often include attendance at one or more DUI programs or classes. For example, the judge might require you to attend MADD’s Victim Impact Panel or the Hospital and Morgue Program.

You may also be required to attend counseling and/or substance abuse treatment programs. Probation requirements might also include attending AA (Alcoholics Anonymous) meetings. California DUI school is often included in a DUI sentence, which could require 12 hours to 30 months of DUI school.

Do I Have To Show Proof Of Compliance To The Court?

Yes, you must provide proof that you completed each of the probation requirements. That includes attending classes, completing treatment programs, paying restitution, installing an IID in your vehicle, etc. Failing to provide proof of compliance with probation terms by the deadlines set by the court could result in a violation of probation and a bench warrant for your arrest.

Contact a Los Angeles DUI Attorney for a Free Consultation

Were you arrested for driving under the influence in California? If so, contact our Los Angeles DUI lawyers for a free consultation to discuss how we can help you fight DUI charges.

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly! 

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23154.

 

 

Understanding 1650 Waivers

Most individuals convicted of driving under the influence in California must attend DUI school. However, what happens if you are convicted of DUI in California but live out of state?

Before a DUI charge results in a criminal conviction, contact a Los Angeles DUI attorney for a free consultation. The drunk driving charges might be unlawful, or you may have a valid DUI defense that results in dismissed charges or an acquittal. An experienced California DUI attorney might be able to negotiate a DUI plea bargain that reduces the charges to a lesser offense.

What Is a California DMV DUI Program?

A California DUI program or DUI school is an educational program. Providers must be licensed by the State of California to provide in-person DUI programs. The required length of attendance depends on the specific DUI offense and sentence.

DUI school includes education and counseling. When the person completes the DUI program, the provider sends a certificate of completion to the California Department of Motor Vehicles (“DMV”) and the court. The person must complete the required program and all other DUI sentence terms to apply to reinstate their California license.

Who Needs a 1650 Waiver?

If you are convicted of DUI in California and are a non-California resident, you need a 1650 Waiver. Your DUI sentence likely includes mandatory completion of DUI school. If you do not complete the mandatory requirements or waive the requirement by filing a 1650 Waiver, your home state might refuse to issue a driver’s license until you complete the California DUI school.

Frequently Asked Questions About California DUI School for Out-of-State Drivers?

Our California DUI attorneys receive many calls from out-of-state drivers who were arrested for DUI. Some of the most frequently asked questions about DUI school for out-of-state residents include:

What Happens When a Non-Resident Gets a California DUI?

Non-residents convicted of drunk driving in California have their California driving privileges suspended by the California DMV. The DMV sends notice of the conviction and suspension to the person’s resident state.

Most states treat a DUI conviction in one state as an impaired driving conviction in their state. Therefore, the home state may impose penalties, including suspending the person’s driver’s license in their home state until the person completes all terms of their DUI sentence in California, including completing DUI school.

Can I Attend a California DUI School Online?

No, California DUI schools are not offered online. California Health and Safety Code §11838.11 requires any entity offering the driving-under-the-influence program in California to have a valid license. Therefore, all classes must be in-person.

What is a 1650 Waiver?

You must attend an approved DUI program when you are convicted of driving under the influence. The in-person program is required when you are convicted of drug and alcohol-impaired offenses such as:

• Driving under the influence of alcohol and/or drugs (California Vehicle Code 23152);
• Driving with a BAC (blood alcohol concentration) of .08% or higher;
• Driving with a BAC of .05% or higher when under the age of 21 years old (California Vehicle Code 23140);
• Driving with a BAC of .04% or higher if driving a commercial motor vehicle or vehicle for hire with a passenger inside; or
• Wet reckless under California Vehicle Code 23103.5.

1650 Waivers are used to request a waiver of the requirement to attend DUI school after a conviction for drunk driving. DUI school waivers can only be granted once in a person’s lifetime.

What is the Effect of a 1650 Waiver? Does It Let Me Complete DUI School Our-of-State?

Attending in-person DUI programs when you live outside of California can be a problem. The person might be unable to travel back and forth to complete the program. As such, California created the 1650 Waiver.

The effect of a 1650 Waiver removes the requirement to complete DUI school as a punishment for drinking and driving for a non-California resident. The result is the person can apply for reinstatement of their driving privileges in their home state.

How Does a Person Apply for the Waiver?

You must wait until you are eligible for the California DMV to terminate the requirement to attend and complete DUI school. The requirements and conditions to be eligible for a waiver include:

• The license suspension or revocation period imposed for your California DUI conviction has expired;
• You have paid all administrative service fees;
• You are not under a court order or DMV requirement to install an ignition interlock device (“IID”); and
• Any Administrative Per Se restrictions on your driver’s license have expired.

Once you meet all the requirements for waiving the required classes, you can request a 1650 Waiver packet to complete and file with the California Department of Motor Vehicles.

How Do I Get My 1650 Waiver Packet?

Once you meet the requirements, you must complete an Application for Termination of Action (Form DL 4006) as part of the 1650 Waiver packet. You may obtain the form from the California DMV in person, by mail, or online. The packet contains this form, proof of residency, and proof of financial responsibility.

The completed 1650 Waiver packet and required documentation are sent to the DMV Mandatory Actions Unit of the California DMV. The Mandatory Actions Unit verifies that you met all requirements for a 1650 Waiver.

In addition, you must certify that you voluntarily authorize the DMV to cancel your California driver’s license. Generally, it takes four to eight weeks for the DMV to complete the review and grant the waiver.

What Documents Will the DMV Accept as Proof of Out-of-State Residency?

You must certify under penalty of perjury that you are not a resident of the State of California. The DMV lists 18 acceptable out-of-state residency documents you can submit with your application to prove you are not a California resident.

Examples of acceptable residency documents include, but are not limited to:

• Home utility bill or cell phone bills;
• Mortgage bill or statements;
• Employment documents;
• Tax return documents;
• Official voter registration documents;
• Property tax bill or statements;
• Insurance documents;
• Medical documents; or
• Records of a financial institution.

The out-of-state residency document must have your first and last name and the out-of-state address that matches the address listed on the application, which is located outside California.

What is Proof of Financial Responsibility for a California Driver’s License?

You must also provide proof of financial responsibility when you file your application to waive DUI school. Financial responsibility generally refers to the liability insurance a person must have to drive in California. However, the types of financial responsibility that California accepts for drivers are:

• A motor vehicle insurance policy in the minimum amounts required by law;
• A cash deposit with the DMV of $35,000;
• A surety bond from a company licensed to do business in California of $35,000; or
• A DMV-issued certificate of self-insurance.

A California Insurance Proof Certificate (Form SR-22) is also acceptable proof of insurance. Non-California insurance documents must be accompanied by a declaration Regarding Certificate of Insurance for Non-Resident Driver located on form California Proof Requirements for Non-Residents (DL 300).

What Happens if the Out-Of-State Driver Returns to California?

Before you apply for a 1650 Waiver, it is essential to know what would happen if you returned to or moved to California. First, you would be unable to legally drive in California for three years after the date the DMV grants the waiver request. Furthermore, before you would be eligible for a driver’s license in California, you would need to complete the DMVs DUI program.

What Are Some Other Penalties for a First-Time DUI Conviction in California?

Attending DUI school is just one of the penalties that you face if convicted of a DUI. A first-time DUI conviction that does not involve any aggravating factors generally results in:

• DUI school;
• Up to six months in county jail;
• Penalties and fines imposed that could total over $1,500;
• A six-month license suspension;
• DUI probation from three to five years; or
• Installation of an ignition interlock device (“IID”).

However, the punishment for impaired driving increases depending on the facts of the case and your criminal record. DUIs are offenses which count as prior offenses in California, meaning your punishment increases with each conviction within a 10-year period. Convictions for felony DUI count against you for sentencing, regardless of the age of the conviction.

What Are the Consequences in Your Home State for a California DUI Conviction?

Each state enacts impaired driving laws. Therefore, the laws in your home state may differ from California DUI laws. Generally, your home state learns about the drunk driving conviction from California. What happens next depends on the DUI laws in your state.

Many states, like California, treat an out-of-state conviction for impaired driving the same as if the conviction occurred within the state. At the very least, most states require that the person complete their California DUI sentence before they can apply to reinstate their driver’s license in their home state. States are permitted to impose penalties according to their laws, even if those penalties are more severe than California’s DUI penalties.

What Should I Do if I Am Arrested While Visiting California and I Don’t Have a California License?

Contact a California DUI defense attorney immediately. Do not discuss your case with police officers or a prosecutor without a lawyer present. There could be one or more DUI defenses that apply in your case.

A skilled DUI attorney investigates the circumstances of the traffic stop. Police officers must have reasonable suspicion to initiate a traffic stop. They must also have probable cause for a DUI arrest. If the officers stopped and/or arrested you unlawfully, the evidence gathered against you might be inadmissible in court.

Another DUI defense strategy involves challenging the accuracy and/or reliability of the evidence. Officers make subjective evaluations about a driver’s impairment level based on a driver’s performance on field sobriety tests and physical appearance. An attorney might challenge those observations to create doubt about whether the driver was impaired when arrested.

Furthermore, environmental factors, a driver’s health, and police conduct can significantly impact the results of chemical tests. The results of blood tests and breath tests may be falsely high because of factors that have nothing to do with the driver’s ability to operate a motor vehicle safely.

An experienced DUI lawyer analyzes all evidence to determine the best defense strategy to use in your case.

Contact a Southern California DUI Attorney for a Free Consultation

The best way to avoid problems after an out-of-state DUI charge is to hire an experienced DUI lawyer to represent you in court. If you were charged with driving under the influence, contact our SoCal DUI lawyers to discuss how we can help you fight DUI charges.

 

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly! 

 

Sources:

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC&sectionNum=11836.10.

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23152.&lawCode=VEH

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23103.5.&nodeTreePath=15.12.1&lawCode=VEH

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=23140.&lawCode=VEH

https://www.dmv.ca.gov/portal/uploads/2020/06/Application-of-Termination-of-Action-DL-4006.pdf

https://www.dmv.ca.gov/portal/driver-education-and-safety/educational-materials/fast-facts/financial-responsibility-insurance-requirements-for-vehicle-registration-ffvr-18/

https://www.dmv.ca.gov/portal/uploads/2020/06/DL-300-R12-2011-AS-WWW.pdf

Most drivers are familiar with breath tests and DUI blood tests to determine blood alcohol concentration (BAC) for DUI charges. They may be surprised if a police officer asks them to take a mouth swab test (MST) at a DUI stop instead of a breathalyzer test. Knowing your rights regarding mouth swab tests can help you protect your rights if a law enforcement officer stops you for drunk driving in California. Call a Los Angeles DUI attorney for a free consultation if you are arrested for DUI.

“Mouth Swab Tests” in California DUI Cases

California’s DUI laws make it illegal to operate a motor vehicle under the influence of drugs, including marijuana. Law enforcement officers use MSTs at DUI stops to determine if a person is driving under the influence of drugs (DUID). The MST is a field sobriety test to help the officer establish probable cause for a DUI arrest. A mouth swab test is also known as a cheek swab test.

Why Is the MST Used Instead of a Breath Test at a DUI Stop?

Breath tests cannot detect the presence of marijuana or other drugs in a person’s system. A blood test is the only way to determine whether a person has marijuana or another drug in their system. Therefore, during a traffic stop, the police officer uses the MST instead of a breath test as a preliminary assessment to determine if the driver may have been using drugs before or while driving a motor vehicle.

What Is a Mouth Swab Test?

The MST requires the officer to take a sample of the person’s oral fluid to perform the test. First, a swab is used to rub along the person’s cheek to obtain the sample. Typically, the officer gives the person a mouth swab and directs the person to rub the swab along the inside of their mouth for a few minutes. Then, the police officer tests the swab for the presence of drugs.

Most law enforcement agencies in California use the Dräger Drug Test 5000 to analyze mouth swabs at a DUI stop for seven drugs. The officer places the sample inside the machine and adds a vial of the testing solution. Within several minutes, the device returns a positive or negative result.

What Does a Mouth Swab Test Specifically Detect?

A mouth swab test detects the presence of one of seven specific drugs in a driver’s system. However, the MST does not determine the level of drugs in the person’s system. The seven different drugs a mouth swab test detects are:

• Marijuana;
• Amphetamine;
• Opiates;
• Methadone;
• Methamphetamine; and
•  

Many drivers fear that if they used marijuana in the past few days, an MST at a traffic stop might result in a DUID arrest. However, the MST detects active THC or delta-9 THC in the person’s system. Active THC only remains in a person’s system for a few hours. The MST machine is not designed to detect inactive THC compounds in a driver’s system.

It is important to note that MSTs used by law enforcement agencies does not determine how much of the drugs are in your system. The cheek swab test only tells the officer that drugs are present in the driver’s system. Therefore, a person could have a small amount of drugs in their system and test positive, but the level of drugs might not impair their driving ability. An MST result can be used to arrest someone the police officer suspects of drunk driving, but might not have sufficient evidence for probable cause without the MST result.

It is crucial to contact a California DUI attorney for a free consultation as soon as possible after being arrested for drugged driving. A DUI lawyer can help you fight DUID charges. An experienced lawyer in Los Angeles analyzes DUI cases to determine the best defense strategy to use against DUID charges.

Can You Be Required to Take a Mouth Swab Test?

As with other types of preliminary alcohol assessment (PAS) tests, including a breath test, a driver over the age of 21 years and not on probation can refuse to take a mouth swab test after being stopped for DUI without penalty. The police officer cannot require you to take a check swab test as part of their DUI investigation.

What Happens if I Refuse a Mouth Swab Test?

If you are over the age of 21 years, there is no penalty for refusing a mouth swab test. However, suppose you are under 21 years old or currently on probation and refuse a cheek swab test. In that case, the California Department of Motor Vehicles (DMV) could administratively suspend your driver’s license. You have just 10 days to request an Administrative License Suspension (ALS) or DMV hearing. If you do not request a hearing, your driver’s license is suspended for refusing a test.

What Happens if There Is a Positive/Negative Result?

Generally, a police officer arrests drivers with positive results. The officer uses the positive result as evidence of probable cause for a DUID arrest. The police officer requires a blood test to confirm that you have drugs in your system. Refusing to provide a blood sample after a lawful DUI arrest violates California’s implied consent law (California Vehicle Code §23612). If you refuse a blood test after a DUI arrest, the DMV suspends your driver’s license. Also, the police officer can obtain a warrant for a forced blood draw.

If the mouth swab test is negative, the police officer may still arrest you for driving under the influence of drugs. Police officers rely on various subjective signs that a person is under the influence of drugs. Some of those signs include:

• The odor of marijuana or other drugs;
• The presence of drug paraphernalia;
• Engaging in unsafe driving behavior;
• Bloodshot eyes;
• Lack of coordination;
• Inability to focus or concentrate; and
• Statements made by the driver or witnesses.

A police officer may call for a drug recognition expert (DRE) to conduct the DUI investigation if the officer suspects the driver is impaired by drugs. A DRE has specialized training to help them recognize when a person is using drugs.

Even though the results of your MST were negative, the officer may arrest you for DUID if he has sufficient evidence to support probable cause or reasonable suspicion.

Can You Request a Breath or Blood Test Instead of MST in California?

Generally, when a police officer arrests a driver for DUI, the driver is given a choice between a breath or blood test. However, if the officer has a clear indication that you are under the influence of drugs, he can require a blood test instead of a breath test. A clear indication could be based on a positive MST, physical evidence of drug use, objective symptoms of drug intoxication, and the statements you made during your DUI stop. If you refuse to take a blood test, the officer can obtain a warrant for a blood draw.

Driving Under The Influence: How Your Blood Alcohol Concentration Affects Your Case

California Vehicle Code §23152 makes it illegal for a person to operate a motor vehicle with a blood alcohol concentration (BAC) above the legal limit. The limit for most drivers is .08% or higher. However, the BAC limit for operating a commercial motor vehicle or a vehicle with a passenger for hire is .04% or higher. In addition, drivers under the age of 21 years and drivers on probation cannot have any measurable amount of alcohol in their system while operating a motor vehicle.

Being arrested for DUI per se means you have a BAC level above the legal limit. However, you can be arrested for drunk driving even though your BAC is below the lawful limit. CVC §23152 also makes it illegal to drive while under the influence of alcohol. Being “under the influence” means that the alcohol in your system impairs your ability to operate a vehicle in a safe manner. Therefore, you could be convicted of DUI if the prosecutor can prove you were driving while impaired, even though your BAC was below the limit.

Does California Have a “Legal Limit” for Drugs and Driving?

There is no legal limit for drug-impaired driving or DUID. However, CVC §23152(c) makes it illegal to drive a vehicle while addicted to the use of drugs. The code also makes it illegal to drive while under the influence of any drug or a combination of drugs and alcohol.

Experts cannot agree upon the level of drugs in a person’s system that makes them too impaired to operate a motor vehicle. Therefore, California drugged driving laws merely state that it is illegal for someone to drive “under the influence” of drugs. That permits officers to arrest drivers who display signs of drug impairment and prosecutors to pursue convictions without proving the person had a specific amount of drugs in their system.

What Are the Penalties for Driving Under the Influence of Drugs?

DUID has serious consequences. The penalties are the same as the penalties for DUI in California. Typically, DUID is a misdemeanor offense. The penalties for a first-time misdemeanor DUID include:

• Potential jail time;
• Fines and assessments that could total more than $1,000;
• Three to five years of DUI probation;
• Driver’s license suspension;
• Attending DUI school; and
• Installation of an ignition interlock device (“IID”).

However, the prosecutor could charge a driver with felony DUID if the driver has a prior felony DUI conviction, three or more prior DUI convictions within 10 years, or the DUID caused injury or death. Felony DUID could result in three to four years in prison and fines up to $5,000. The penalties for DUID depend on the circumstances of your case and your prior criminal record.

Contact a Los Angeles DUI attorney to discuss ways you can fight charges of drugged driving. During a free consultation DUI attorney, you can learn about DUI defenses, plea bargains, and the best way to fight the DUID charges you face.

Talk To A DUI Defense Attorney

An experienced attorney can evaluate your case and discuss your options with you. A lawyer serving DUI clients will often offer a free no obligation consultation and everything discussed is protected by the attorney client relationship.

Schedule a free consultation with one of our expert California DUI attorneys here.

Interested in this topic, or other topics similar to it? Find more articles on our blog, updated regularly! 

 

 

 

 

Sources:

https://www.draeger.com/en-us_us/Products/DrugTest-5000

https://www.dmv.ca.gov/portal/driver-education-and-safety/dmv-safety-guidelines-actions/driving-under-the-influence/

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23612 https://www.chp.ca.gov/programs-services/for-law-enforcement/drug-recognition-evaluator-program/schedule-of-classes/dre

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152.

https://www.nhtsa.gov/sites/nhtsa.gov/files/documents/811268.pdf