Tuesday, September 9, 2008

Drug induced DUIs


DUI cases don't always have to involve alcohol. If you are taking a drug that causes mental or physical impairment at the time of driving, you may be prosecuted for DUI.

It doesn't matter whether the drug is legal or illegal, prescribed or not. You can be convicted of driving under the influence of anything that impairs your ability to drive with the caution that a prudent driver would use.

There is no per se statute used in this case. Rather, prosecutors will move forward under Vehicle Code Section 23152 (a), which doesn't require a specific level of "intoxication".

A defense attorney, in many instances, can pick out weaknesses in the prosecution's case and pick apart the police's methods at the time of investigation and arrest.

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