DUI of drugsRecently, former Full House star John Stamos was arrested for driving under the influence of drugs in violation of California Vehicle Code section 23152(a).  It appears Mr. Stamos was stopped while driving in Beverly Hills after officers noticed he was behaving strangely and driving “erratically.”  Like many lawful citizens in California, Mr. Stamos now faces certain consequences if convicted, which may be avoided if he is defended by an experienced criminal defense attorney.

  1. Driving Under the Influence of Drugs In California

Under California Vehicle Code section 23152(a) a driver may be convicted DUI if a jury finds the person to have been driving under the influence of alcohol or drugs.  In order for a prosecutor to obtain a conviction for driving under the influence of drugs, it must be proved beyond a reasonable doubt that a drug or combination of drugs impaired a defendant’s ability to drive to an “appreciable degree.”   In defending a driving under the influence of drugs case, a DUI attorney will defend a case making the prosecution prove beyond a reasonable doubt that the accused was actually impaired by the drug in question.  In most DUI defense involving drugs, a DUI criminal lawyer will retain an expert in toxicology who will be qualified to testify as to the effects a drug or substance had on the driver at the time of driving.

In California criminal prosecutions for DUI, many cases involve prosecutions for driving under the influence of marijuana.  A seasoned DUI lawyer will, in many instances, be able to present a defense showing that the prosecution cannot prove beyond a reasonable doubt that a person’s THC level in their blood had any correlation to a person’s driving at the time of an arrest for DUI.  In cases involving urine samples to prove a marijuana DUI, most experts can challenge such evidence at trial since urine test alone can only show past THC exposure as opposed to proving the effects of marijuana at the time of driving.  Most urine tests cannot pin down the time of detection of marijuana intoxication at the time of driving.  In addition, there are different ways to challenge a blood test for marijuana and different scientific principals can apply in determining impairment especially when the driver is a frequent user of marijuana which would show a higher level of THC in the blood even after 12 hours of marijuana use.

  1. Penalties for Driving Under the Influence of Drugs

 Driving under the influence drugs in violation of California Vehicle Code section 231532(a) is a misdemeanor which can lead to a criminal conviction on a person’s record.  The penalties for driving under the influence can include a jail sentence of up to 6 months, a 12 week DUI class, a license suspension and significant fines and penalty assessments.  Moreover, if a person suffers a second driving under the influence conviction within 10 years of the first conviction, they can be sentenced to jail for up to one year and suffer a  minimum of a 1 year license suspension.  Moreover, after a second DUI conviction, a defendant may be required to take an 18 month DUI class.

Often times a DUI arrest can be a very stressful situation and in many instances is the first time an otherwise law abiding citizen has had any dealings with the criminal justice system.  As such, it is important to contact a criminal defense lawyer when arrested so that you can understand your legal rights and potential defenses to any DUI charge.