David Shapiro is criminal defense lawyer in San Diego and in this video he discusses what could happen if you are driving under the influence of drugs. Vehicle code 23152(E). If you have any questions on the matter or if you have been charged with a drug related crime, call us now 619-295-3555 or visit us online at [ Ссылка ]
0:10 Up until about a year ago California would prosecute drug and alcohol-related DUIs under the same Vehicle Code section 23152 and it would be drugs and/or alcohol. So you would have a situation of someone's under the influence of alcohol or maybe not, maybe a little bit of drugs, maybe a little bit of alcohol, or just drugs, and they'd all be sort of this catch-all Vehicle Code section.
0:40 Now, you know, drugs is a lot different than alcohol. If you have a DUI and you're .08 or higher and it's proven you're .08 or higher at the time driving, you will be convicted of Vehicle Code section 23152 Drugs are a little bit different. You know, you could be charged with being under the influence of prescription drugs, but there's no real hard and fast rule like there is with .08 or high with alcohol.
1:02 There's generally a therapeutic range of what's appropriate for a drug, prescription drug or otherwise. But, you know, there's no hard and fast rule and that's where prosecutors a lot of times have a hard time getting convictions on these cases, especially if it's a prescription drug, something where your doctor may be called as a witness and say, "Yeah, you know, "I don't think this would affect my patient's driving "if they took it within a reasonable amount, "and if he took it as prescribed."
1:26 Now obviously if you're under the influence of something like heroin or methamphetamine, cocaine, even marijuana, that makes it a little bit more difficult because you've got to look at it from the perspective of the jury, who may look at it and say, "Well I don't do methamphetamine. "I don't do heroin. "I don't do cocaine. "So this person had to be under the influence." Well it's really not that simple. There's a lot more to it. But, you know, definitely in a prescription drug cases are the ones that are more winnable from a jury's perspective. Doesn't mean that a drug case with marijuana or meth or something like that aren't winnable. They are.
1:56 But again, look at it from a juror's perspective. You definitely prefer the prescription drug cases where there's not an accident, and then it's like any other DUI. You know, you look at why you were pulled over. You look at your performance on the field sobriety test. You look at the basis for your arrest. You look at the reason why the blood was taken, whether you consented to it, whether it was implied consent, express consent. Whether or not they had a warrant to draw your blood. All those factors go into what we could file a motion to suppress evidence to try and keep that evidence out if we think that evidence could be used to convict you.
2:31 So in many regards, they're very similar to an alcohol DUI, although in many regards they're a lot more difficult to prove because there's not that hard and fast, "Okay, they're at this level. "They had to be under the influence." There's a lot of debate about that, particularly when dealing with prescription drugs, as opposed to illegal in and of itself.
Law Office of David P. Shapiro
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San Diego, CA 92103
619-295-3555
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