In California, cases involving driving under the influence of drugs are prosecuted in much the same way as DUI cases involving alcohol.  The key is whether the drug causes a sufficient level of mental or physical impairment at the time of driving.  Being under the influence, whether alcohol or drugs, is defined as physical or mental impairment such that the driver is not able to drive with the same caution characteristic of a sober person or ordinary prudence under the same or similar circumstances.

For purposes of California’s DUI laws, it does not matter whether the drug is legal or illegal, prescribed or over-the-counter.  It is possible to be convicted of driving under the influence of cold medicine, coffee, cocaine, or any other substance (whether illegal or not) that causes impairment.  Many people mistakenly believe that if a doctor prescribes a drug, they are allowed to drive while taking it.  Unfortunately, this can be a mistake with rather severe consequences.

Unlike DUI alcohol cases, there is no “per se” limit involving drugs.  The prosecutor will try to prove the motorist was driving under the influence of drugs by introducing evidence related to driving patterns, physical signs and symptoms, Field Sobriety Test performance, and chemical test results, if available.

There are certain law enforcement officers who have received training designed to assist in determining whether or not someone is under the influence of drugs. They are called DRE’s, or Drug Recognition Evaluators.  DRE’s will be brought in to examine a suspected motorist, and are supposed to follow certain protocols in their evaluations.  A skilled criminal defense attorney is often able to demonstrate that proper evaluation procedures were not followed, or that the supposed signs and symptoms were ambiguous and just as consistent with non-impairment as they are with impairment.

Being convicted of driving under the influence of alcohol or drugs can have serious and lifelong consequences.  The first step in avoiding these, or cushioning their impact, is consultation with a DUI defense lawyer who is skilled in shielding his or her clients.

The key issue in any blood test case is the integrity of the sample.  Blood samples can ferment, can clot, and can be rendered unreliable by bacterial growth.  The end result is a reported alcohol level that is higher than the true alcohol level.

You probably didn’t notice when your blood sample was taken, but there was supposed to be a white powder in the base of the test tube.  This powder is anti-coagulant and preservative.  It was placed there by the factory that produced and packaged the test tube.  Unfortunately, no one tested this material before your blood was drawn into the tube.

Any good DUI attorney will know to order a split of your blood sample for independent testing by a forensic laboratory.  The lab will be able to tell whether the anti-coagulant and preservative were in the tube in proper amounts, whether there has been any bacterial activity, and even whether the sample is the same blood type as the person it supposedly belongs to.  It may be comforting to think that the testing of blood samples in DUI cases looks like something from CSI: Miami, with a well-trained lab technician dressed in a bright coat is testing your sample and your sample only in a clean and well-lit crime lab.  This is, unfortunately, far from the way things are done in the real world, and a qualified DUI defense lawyer will know just what to do to address these issues.