Under California Vehicle Code 23152(f) – Driving Under the Influence of Drugs, it’s illegal to drive while under the influence of drugs. The state takes a zero-tolerance approach to impaired driving, and the consequences for breaking this law can be severe.
If you’ve been charged with violating this California vehicle code, you may be wondering how you can mount a defense. At Los Angeles DUI Lawyer, we’ve helped thousands of clients facing charges like these. We’re here to connect you with a lawyer who can take on your case and protect your rights.
What Is CA Vehicle Code 23152(f) – Driving Under the Influence of Drugs?
Under California VC 23152(f) – Driving Under the Influence of Drugs, it’s unlawful for anyone under the influence of any drug to operate a motor vehicle. The law covers various substances, including marijuana, prescription medications, and illegal narcotics.
Elements of the Crime
To secure a conviction under VC 23152(f), the prosecution must prove:
- Drug use: The driver had consumed a drug before or while operating the vehicle.
- Impairment: The drug impaired the driver’s ability to operate the vehicle as a cautious and sober person would under similar circumstances.
- Vehicle operation: The defendant was driving a motor vehicle at the time of impairment.
What Is the Penalty for Driving Under the Influence of Drugs in California?
For a first-time offender, the penalties for violating California VC 23152(f) include:
- Fines up to $1,000
- Mandatory attendance at DUI school
- Probation
- Up to 6 months in jail
Subsequent violations of this law can result in higher fines, longer jail sentences, and mandatory installation of an ignition interlock device (IID). In addition, a DUI conviction can lead to higher insurance rates and difficulty finding employment.
How Long Is the Jail Time for California VC 23152?
Jail time for a VC 23152(f) conviction varies based on the severity of the offense and the defendant’s history:
- First offense: Up to 6 months in county jail
- Second offense: Up to 1 year in county jail
- Felony DUI: State prison sentence ranging from 16 months to 3 years
Judges may consider alternative sentencing options, such as community service or residential treatment programs, particularly for first-time offenders.
Will I Go to Jail for My First DUI in California?
For a first-time DUI offense in California, jail time is a possibility, but not a guarantee. While the law allows for up to six months in county jail, judges often impose alternative penalties such as probation or community service, especially if there were no aggravating factors like injuries or high levels of impairment.
A DUI attorney can help you build a strong defense and avoid jail time.
How Can a DUI Attorney Help?
If you’ve been charged with a DUI, an attorney can help with:
- Case evaluation: An attorney can analyze the evidence, including police reports, drug tests, and field sobriety test results.
- Challenging evidence: An attorney may use evidence to question the accuracy of drug tests or the legality of the traffic stop.
- Negotiating penalties: An attorney can work to reduce your charges, minimize your penalties, or secure an alternative sentence.
- Court representation: If needed, a DUI lawyer can advocate on your behalf in court.
What Are the Best Defenses?
Several defenses may be used to fight a VC 23152(f) charge, including:
- Improper traffic stop: Arguing that the officer lacked probable cause to pull you over
- Faulty test results: Questioning the reliability of blood, urine, or saliva tests
- Medical conditions: Demonstrating that a medical issue, not drugs, caused impairment-like symptoms
- Lack of evidence: Highlighting insufficient proof that you were under the influence while driving
What Drugs Are Covered By California Vehicle Code 23152(f)?
California’s DUI laws cover all drugs that can impair a driver, including:
- Illegal drugs: Substances such as marijuana, cocaine, and methamphetamine are prohibited when they impair an individual’s ability to drive safely.
- Prescription medications: These include opioids, sedatives, and other prescribed drugs that may cause drowsiness or impaired coordination.
- Over-the-counter medications: Certain antihistamines or sleep aids can also impair driving ability and affect a driver’s judgment or reaction time.
Is There a Legal Limit for Drugs in California?
Unlike alcohol, which has a defined legal limit (0.08% BAC for most drivers), California does not set a specific legal limit for drugs. Instead, impairment is determined on a case-by-case basis. Law enforcement relies on behavioral observations, chemical tests, and expert evaluations to assess whether a driver is impaired.
How Long Does a DUI Stay on Your Record in California?
A DUI conviction in California stays on your driving record for 10 years. It cannot be removed through expungement during this period.
Call Today About a DUI Charge
If you’ve been charged under CA Vehicle Code 23152(f), it’s essential to act quickly. A DUI conviction can have far-reaching consequences, but with the right legal representation, you can achieve a favorable outcome.
Los Angeles DUI Lawyer can put you in touch with a DUI attorney who will fight for your rights. Call today to take the first step toward protecting your future.
