Charged with a drug DUI in San Diego? Whether the drug involved is marijuana, prescription medication, or an illegal substance, attorney Anton Vialtsin at LAWSTACHE Law Firm provides aggressive DUID defense throughout San Diego County. Call 619-357-6677 for a free consultation.
San Diego Drug DUI Attorney — DUID Defense Under VC 23152(f)
California Vehicle Code 23152(f) makes it unlawful to drive under the influence of any drug — including marijuana, prescription medication, and illegal substances. Therefore, even if a drug is legal in California, driving while impaired by it is a DUI offense carrying the same penalties as an alcohol DUI.
Drug DUI Penalties in California
- First offense: Up to 6 months county jail, $390–$1,000 base fine (total $3,000–$10,000+), 6-month license suspension, 3–9 month DUI school
- Second offense: 90 days to 1 year jail, 2-year suspension, 18–30 month DUI school
- Third offense: 120 days to 1 year jail, 3-year suspension, 30-month DUI school
- If injury involved: Wobbler felony under VC 23153 — up to 16 years state prison
In addition, a drug DUI conviction can affect professional licenses, employment, and immigration status. Furthermore, a medical marijuana card is not a defense — the law prohibits driving while impaired regardless of how the drug was obtained.
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Why Drug DUI Cases Have More Room for Challenge
Unlike alcohol DUI, there is no breathalyzer for drug impairment. Therefore, police must rely on blood tests and Drug Recognition Expert (DRE) evaluations — both of which are far less precise and more open to challenge than a breathalyzer reading.
Challenging Blood Test Results
Blood tests detect the presence of a drug but do not necessarily prove impairment at the time of driving. Because marijuana, for example, can remain in the bloodstream for days or weeks after use, a positive blood test does not prove you were impaired while driving. Anton Vialtsin challenges blood test procedures, chain of custody, and the interpretation of results.
Challenging DRE Evaluations
Drug Recognition Experts use a 12-step evaluation to assess impairment. However, this evaluation is subjective and prone to error. In addition, Anton challenges whether the DRE was properly certified and whether the evaluation was conducted correctly.
Prescription Medication Defense
If you were taking legally prescribed medication, the defense requires showing that you were not actually impaired to the extent that you could not drive safely. Furthermore, prescription drug DUI cases often involve complex medical and pharmacological evidence that requires expert analysis.
Free Consultation — San Diego Drug DUI Attorney
Call 619-357-6677 to speak directly with Anton Vialtsin, Esq. Free consultation — weekdays and weekends.
Frequently Asked Questions — Drug DUI San Diego
Can I get a DUI for marijuana in California?
Yes. VC 23152(f) prohibits driving under the influence of any drug including marijuana. Even though marijuana is legal in California, driving while impaired by it is a DUI offense with the same penalties as an alcohol DUI.
Does my medical marijuana card protect me from a drug DUI?
No. A medical marijuana card is not a defense to a drug DUI in California. The law prohibits impaired driving regardless of whether the drug was legally obtained or prescribed.
How do police test for drug DUI?
Police use blood tests and Drug Recognition Expert evaluations. Because there is no breathalyzer for drugs, these methods are less precise and more open to challenge than alcohol DUI testing — giving an experienced defense attorney more opportunities to attack the evidence.
Can I be charged with drug DUI if I took a legally prescribed medication?
Yes. Prescription medication can result in a drug DUI charge if it impairs your ability to drive safely. However, these cases often require expert pharmacological analysis and are highly defensible with the right attorney.
Our Office — Serving San Diego Drug DUI Clients
Address: 185 West F Street, Suite 100-D, San Diego, CA 92101
Phone: 619-357-6677
Hours: Weekdays and weekends by appointment.