You are pulled over, but you haven’t been drinking. The arresting officer asks if you’ve taken any drugs, legal or illegal. You have. What should you say? As with admitting to drinking, if you’ve abused drugs, or taking legal medication which impairs your driving, you should not admit to it. If you feel you’re in danger of being charged with a DUI (if not DWI), you should only take any breathalyzer tests given, which are required, while also giving over identifying information.

Will you always be charged if you admit to using drugs?
This is a complex subject, as there are few laws defining what drugs you can or cannot take and drive, what level of drugs in your system is legal, and how this affects your driving. If you admit to taking some drugs, even if legal, you risk being charged with a DUI.  The problem is, if the officer believes your driving has been affected by the drugs you took, even if prescribed, you can be charged with a DUI. The laws here change from state to state, but treat this as you would a drinking and driving offense: do not give over incriminating information to the officer.

What if you use illegal drugs?
If you use illegal drugs, this too can affect your driving ability. If drugs are found on your possession, this is no different than being caught anywhere else: you can and will be charged. The laws are again different on this issue. For one, if you are addicted to any drug, some states define this as a drug causing impairment. The important point here is that legal or illegal drugs does not matter; what matters is if the drug affects your ability to drive.

What if you used legal drugs?
If you use legal drugs that affect your driving, it does not look much better to the officer nor the judge. The laws on how much of a drug it takes to influence your driving is different from alcohol. State laws are all different here, but if it’s obvious you are driving while impaired – and an officer should be able to interpret this – you can be charged.

What if you mix drugs and alcohol?
Common knowledge shows if you mix certain medications or other drugs with alcohol, it can not only be dangerous to your health, but also impair your driving abilities.

What charges do you face?
Typically state laws on DUI for drugs are similar to alcohol related DUI charges. State laws differentiate between drug related DUI and alcohol related DUI, but the penalties are similar. You will face a license suspension, fines, potential jail time, probation, and sometimes more.

Who can help?
If you are charged with any DUI, no matter the circumstance, you need an experienced DUI lawyer. It’s his or her job to defend you in court, to question the charges, and to limit any penalties you face. For example, some drug related DUI charges can lead to losing your license for years. Then you might lose your job because you can’t drive. A good lawyer can often limit charges, if not defeat them.

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Abusing drugs and driving can and often is just as dangerous as drinking and driving. All states penalize you immediately for abusing any drug, prescribed or illegal, and driving. There are many reasons not to mix driving and drugs which will impair your ability. This blog guide gives you seven.

Dangerous for You
By abusing drugs, you are hurting your ability to see, feel, and make decisions. Just as alcohol can damage the nerves in your eyes and hurt your ability to see, the same is the case with many drugs. The problem is that many illegal drugs have chemicals in them you may not understand. You may be taking a drug which makes you tired, very dangerous. You may take a drug which makes you pass out. Or you may have some reaction to it. It’s very dangerous to mix even legal drugs with driving, especially if you also drink some. Be safe and avoid the dangers of drug abuse and driving.

Dangerous for Other Drivers
There are other drivers on the road too. Over 10,000 drivers die every year because of abusing drugs or alcohol and driving. Thousands of pedestrians die too. This means you are not only putting yourself at risk by driving; you are endangering the lives of others. And if you’re at fault, you can face criminal charges.

Lose Your License
If you are caught abusing drugs and driving, it’s treated just like a alcohol related offense in terms of your license. The first penalty is your license is suspended. For first time offenders, this can mean losing driving privileges for a year.

Face Fines
You will also face fines. Though minor in comparison to losing your license and going to jail, sometimes the fines can be quite high, especially if you’re not working.

Get a Drug Charge
If you are caught with illegal drugs, you face more than a DUI: you also can be charged as a drug offender. This can mean further penalties.

Go to Jail
Going to jail can occur even in a first time DUI offense. While sentences vary, you can spend days in jail to months in prison. If you have multiple DUI offenses, you can be forced to spend even more time in jail.

Other Penalties
A DUI offense can also mean being put on probation, forced to go to drug counseling, and then having to go through a lengthy process just to get your license back.

So what’s next? All DUI charges require the help of an experienced, local DUI lawyer. While you may think just because your caught means you always face charges, it does not work that way. You may in fact be able to successfully defend yourself. But you can’t without a DUI lawyer. A proper defense can have evidence thrown out, officer actions questioned, and either a lessening of charges or a not guilty decision.

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Driving under the influence of drugs, also called DUID, can lead to very tough penalties in California. What does this really mean? What drugs can you take and drive? What are the differences with a drinking and driving arrest? What California laws are you breaking? And how can you get help?

That’s a lot of important questions. First, let’s go over what “under the influence” is.

Under the Influence

Driving under the influence does not only mean alcohol, and in terms of drugs, not just the illegal ones. California law makes it clear that a DUI means you are incapable of driving a vehicle correctly, that your abilities to drive are less than that of a sober person, and that you are endangering others.

If you drink 10 shots of a strong drink, you are incapable of driving correctly. That’s easy to see, but if you get closer to the limit, if you drink less and still drive, you are quite often still endangering others by losing your ability to drive. Now think of that in terms of drug use, whether you’re abusing an illegal drug or taking the prescribed dose of a medicine. In these cases, it can also be hard to gauge your ability to drive. To be under the influence does not necessarily mean you abuse the drug; as long as it harms your ability to drive, you are breaking the law.

What drugs can you take?

You would rarely say, “Drink less and you’re fine to drive,” And it’s the same with drugs. You can never be sure. If you are prescribed a medicine, your doctor will often explain the effects. For example, a prescription for a mental illness may make you sleepy. You need to consult with your doctor if you can safely drive, while also reading the effects the drug will have on you. These are easy to find out.

In all cases, taking illegal drugs of any amount can lead to an accident. Just as simply drinking, even a little, greatly increases your chances of being in an accident, so too does using illegal drugs. You are far more likely to get in an accident, if not get pulled over. And if you’re pulled over after abusing illegal drugs, the California penalties are tough,

What are the differences?

All states make clear the “under the influence” laws, but it’s sometimes hard to see the difference between alcohol and drugs (legal or illegal). In California, there is no legal limit to drug use. If you abuse it or not, it does not matter. What matters is if it makes you under the influence. Just as being caught drinking and driving with open alcohol in the car can lead to charges, so too can driving under the influence of illegal drugs with them in your car can lead to severe penalties (the difference being that you can be charged with breaking drug laws). Also, some drugs stay in your system much longer. You could do an illegal drug – say cocaine – and it could lead to a California DUID charge days later. You’re usually much better after a day or two break of no drinking, but with drugs it can be very different. If you are tested positive for drugs, you can be charged with the DUID.

How can you get help?

A DUID is a very serious charge which requires professional California legal representation. That means hiring an experienced lawyer to handle your case. At the least, a lawyer can lessen charges. In some cases, he or she can help you beat the charges.

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