Marijuana use has been legal in California for several years now. Under state law, people in San Diego may use this drug recreationally or for medicinal purposes. Since smoking or ingesting this drug is now permissible, it can be easy to forget that it is still unlawful to drive while under the influence of this – or any – impairing substance. Remember, alcohol is legal for those 21 and older. Any time the police believe you are under the influence you will be investigated.
Assess your impairment
There are many legal medications that can alter your level of cognition or attentiveness. Whether you have consumed cannabis or another legal drug, it is your responsibility to understand the potential side effects and assess your level of impairment before getting behind the wheel. If you drive while under the influence of an over-the-counter sleep medication, for example, you could face the same charges as for driving under the influence of illicit drugs. When you have been arrested for a San Diego Drug DUI, be proactive and contact the Law Offices of Mark Deniz at 858-751-4384. Have a former Prosecutor on your side.
Financial consequences
If you are convicted of drugged driving, the possibility of jail time is a serious concern. In addition, you could face steep fines and court costs. You could also be responsible for other expenses, such as increased auto insurance rates, vehicle repairs and towing costs.
Collateral consequences
With an impaired driving conviction on your record, moving on with your life can be a challenge. It may be more difficult for you to find employment or be accepted to college. Banks may be less likely to give you a loan, and landlords may be less willing to rent you an apartment. This one mistake can follow you for years, until you expunge it from your record.
Protect your future
Whether you are facing impaired driving charges for the consumption of a substance that’s legal or illicit, it’s important to respond swiftly by contacting an experienced DUI attorney. A charge is not the same as a conviction. Your lawyer can work with you to understand your situation and build a convincing case to help you avoid a conviction. When you have been arrested for a San Diego Drug DUI, be proactive and contact the Law Offices of Mark Deniz at 858-751-4384. Have a former Prosecutor on your side.
Hire a Proactive, affordable, and quality defense when you are facing San Diego DUI charges. Whether you have been charged of a San Diego DUI, Poway DUI, La Mesa DUI, Santee DUI, Mission Valley DUI, Clairemont DUI, Point Loma DUI, La Jolla DUI, Carmel Valley DUI, Mira Mesa DUI, Pacific Beach DUI, Del Mar DUI, Carmel Valley DUI, Encinitas DUI, Oceanside DUI, Escondido DUI, Vista DUI, San Marcos DUI, Carlsbad DUI, El Cajon DUI it is vital you need to hire an attorney who knows how to defend your rights and can determine if the government can prove their case. Contact the Law Office of Mark Deniz now for a free case evaluation at 858-751-4384.
23152.
(a) It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
(b) It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.
For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person’s blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.
In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(c) It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
(d) It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(e) Commencing July 1, 2018, it shall be unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a motor vehicle when a passenger for hire is a passenger in the vehicle at the time of the offense. For purposes of this subdivision, “passenger for hire” means a passenger for whom consideration is contributed or expected as a condition of carriage in the vehicle, whether directly or indirectly flowing to the owner, operator, agent, or any other person having an interest in the vehicle. In a prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.
(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
