| Legal ForumsRegisterSign inBankruptcyBusinessCriminalEmploymentFamilyImmigrationReal EstateMore... | ChatUpcomingArchiveHelpAsk a LawyerToday's Q&AAsk a QuestionAsk a Lawyer ArchiveTopic Schedule |
| Legal Forms & DocumentsState Law and AgenciesU.S. ConstitutionFederal Courts & LawsU.S. Small Claims CourtFederal Government AgenciesLegal DictionaryFree Case Law Research |
In California, the vehicle code does not differentiate a dui from drugs versus alcohol, the statute is found in vehicle code section 23152, which allows for a DUI for either drugs or alcohol or both. With that being said, as a Malibu DUI Attorney, I have seen countless cases of arrests for drug impairment, alcohol impairment and both alcohol and drugs and I have seen the prosecution of these cases with mixed results. Here is the diffierence between a DUI for drugs and that of booze:
First, there is no APS suspension for drugs alone, in other words, if arrested for a DUI drugs, the officer should not take your license and give you an admin per se suspension notice, unless you are suspected of having a .08 percent or more of alcohol in your blood. Second, for drugs, there is no per se level of impairment as there is for alcohol, which in California is a .08.
These are the two major distinctions between a DUI for drugs and alcohol. Needless to say an attorney is always a good idea when you have been charged with a DUI for either alcohol or drugs. Proving impairment from drugs can be more challenging for the prosecution and the science is not often in agreement when it comes to driving while under the influence of certain drugs like marijuana.
Disclaimer: The information provided on Lawyers.com is not legal advice, Lawyers.com is not a lawyer referral service, and no attorney-client or confidential relationship is or should be formed by use of the site. The attorney listings on Lawyers.com are paid attorney advertisements and do not in any way constitute a referral or endorsement by Lawyers.com or any approved or authorized lawyer referral service. Your access to and use of this site is subject to additional Terms and Conditions.

