Driving Under The Influence

California Driving Under the Influence:  Vehicle Code 23152

Driving Under the Influence (DUI) of alcohol or drugs can be charged in several different ways that may surprise you.  You can be charged for driving under the influence of prescription medication even if the doctor prescribed you medication if the prosecution can prove by competent evidence that the medication impaired your ability to drive.  Most people are familiar with the law prohibiting a blood alcohol (BAC) concentration of 0.08%; however, the law also prohibits you from driving with less than 0.08% BAC if you are impaired by alcohol.  

For example, if you are a 0.05% BAC but the prosecution can prove you are impaired because of the manner in which you drove or that you failed your field sobriety tests, the District Attorney can charge you with Vehicle Code 23152(a), even though you are less than 0.08% BAC.

Under Vehicle Code 23152(f), the law prohibits driving under the influence of any drug, whether prescribed or not.  Vehicle Code 23152(g) prohibits driving under the combined influence of alcohol and any drug, so the District Attorney could charge you with violating Vehicle Code 23152(g) even if you were, lets say, a 0.03% BAC but had marijuana, Vicodin, stimulants, or some other drug in your system.

It is important to realize that just because you have a prescription, this is not a defense to the crime charged.  Remember, alcohol can be purchased over the counter and needs no prescription if you are over 21 years of age.

Call Today to Discuss your DUI Rights (916) 633-1255.