In California, those who drive while on drugs are charged with violating Penal Code 23152, which can be a misdemeanor or felony offense depending upon the circumstances surrounding each individual case. Prosecutors treat drug DUIs very seriously and will not hesitate to try and issue a maximum sentence for violators. Those faced with charges for driving under the influence of drugs are encouraged to contact a skilled legal professional and obtain a free confidential case evaluation.
At MacGregor & Collins, LLP, our team of highly trained Orange County DUI lawyers can provide you with information that could help you avoid costly mistakes. They offer free consultations for all alleged drugged driving offenders and there is no obligation to retain their services.
California Drug DUI Violations
According to California Penal Code 23152, anyone who drives under the influence of drugs such cocaine, OTC drugs or prescription medicines that impair judgment are guilty.
In order to prosecute for CPC 23152 for drug DUI , the state has the burden to prove you are guilty of:
- driving under the influence of drugs including over the counter drugs, prescribed medicines, or hard substances like cocaine
- knowingly driving under the influence of drugs, and also that you knew that by doing so, the drug would have impaired your judgment and ability to drive in a legal manner
Drug DUI is a misdemeanor punishable by:
- A fine of no more than $1800
- Imprisonment in the county jail
- Suspension of driver’s license
- Participation in DUI school
A DUID can be filed as a felony when someone is injured or killed as a result; if this is the offender’s fourth DUI; or when the offender has already been convicted of a DUI felony.
If you are facing drug DUI charges for California Penal Code Section 23152 you have options. There are several defense strategies that can be used to prove your innocence. If you are serious about obtaining a case dismissal or a not guilty verdict for your charges, it is in your best interest to contact an attorney for a case review. Getting information early on in your case can help you avoid costly mistakes.