Criminal Defense in Orange County
Difference between a Drug DUI and Alcohol DUI

Driving Under the Influence of Drugs

DUID Defense Lawyer in Anaheim, CA

DUIs aren't just for driving under the influence of alcohol. You may have also be arrested for driving under the influence of drugs ( DUI of drugs). At The Law Office of Barney B. Gibbs, we know that even the smallest trace of drugs can lead to a wrongful arrest and want to help you fight for justice. A DUID can have a severely negative impact on your life and reputation; let us help you take action.

Barney B. Gibbs has been an Anaheim DUI defense lawyer for more than 35 years, throughout which he has gained extensive knowledge of criminal defense strategies. He has built up a familiarity with the local court systems, judges, and prosecutors, that allows him to understand the strengths and weaknesses of each. This experience has allowed him to have more than 2,000 counts dismissed.

California DUID Laws

Law enforcement can arrest individuals who they suspect are driving under the influence of illegal narcotics or even prescription drugs. Drugs have the ability to alter someone's ability to drive just like alcohol does. The main difference is that there is no way to exactly determine someone is "under the influence" of a drug. The only thing a chemical test can determine is if the drugs were present in someone's system at the time of an arrest. Because of this, many individuals may be wrongfully arrested for DUI of drugs.

Vehicle Code § 23152​ (e): It is unlawful for a person who is under the influence of any drug to drive.

Additionally, part (c) of Vehicle Code § 23152​ prohibits individuals who are addicted to any kind of drug from driving, unless they are participating in a treatment program. It is also important to note that individuals can be convicted if they had a lawful prescription drug in their system, if it is determined that they were under the drug's influence. If you have been arrested for DUI of drugs, retain a criminal attorney from The Law Office of Barney B. Gibbs as soon as possible.

Prescription Drugs and DUI

Orange County law enforcement is continually cracking down on DUI arrests, and DUI of drugs arrests are no exception. The Centers for Disease Control and Prevention (CDC) estimates that nearly half of the United States population uses at least one prescription drug. Common among prescribed drugs are opiates for pain relief, antidepressants and stimulants to treat medical conditions such as obesity, ADHD and sleep disorders.

Prosecutors must consider the intent behind the crime when evaluating a DUID arrest, because simply testing positive for a drug in your system is usually not enough to warrant a conviction. If you did not take your prescription drug knowing that you could endanger the lives of others on the road, then there is a good chance an attorney could get your charges reduced.

Let Our Experienced and Passionate Firm Defend You

If you are facing a DUI conviction, there are many defenses available to you. Your attorney may be able to help you prove that there was an unlawful police stop. If the law enforcement officer did not have a legitimate reason for stopping your vehicle, then your arrest could be considered unlawful and therefore your charges would be dropped. In some cases, the chemical tests can be proven faulty. If the blood or urine tests were not administered properly according to procedures, then the evidence they produced would have to be dismissed from the case, leaving the charges with little to stand on.

Maybe the drug in question is not known to cause irregular driving or there was no warning of dizziness or other disruptive behavior to driving on the drug's warning label. Law enforcement officials must also warn the individual that they have a right to a second, independent chemical test. Failure to do so could lead to a dismissal of DUI charges. To learn more about the defenses available to you, get in touch with a DUI attorney from The Law Office of Barney B. Gibbs.

Fight against your DUI of drugs charges by calling today!

Awards

  • NORTH ORANGE COUNTY BAR ASSOCIATION
  • Better Business Bureau

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  • “I can unequivocally state that Barney Gibbs is one of the finest criminal defense attorneys in the business.”

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