Under California law, driving under the influence of either legal drugs (such as over the counter drugs or prescription medications), or illegal drugs can form the basis of a drug related DUI arrest and conviction. [Vehicle Code section 23152(a)]. DUI drug arrests are commonly seen with illegal drugs, such as ecstasy, methamphetamine, cocaine and heroin, as well as, prescription drugs like Lorazepam, Oxycontin and Ambien. In many DUI drug arrests, the National Highway Traffic and Safety Administration ("NHSTA") reports that poly-drug use is increasingly observed.

A DUI drug prosecution for driving under the influence of drugs and/or alcohol presents a serious problem to any DUI defendant. The reason is because the defendant can be charged with a generic DUI as well as being under the influence of a controlled substance (Health and Safety Code section 11550). The mandatory minimum penalty for being under the influence of a controlled substance is 90 days in the county jail.

Assuming certain conditions are met, a person who is charged with being under the influence of a controlled substance can potentially avoid the 90 day jail time minimum if they are eligible for a Deferred Entry of Judgment ("DEJ") under Penal Code section 1000 or Proposition 36 drug treatment.

However, an individual who is driving under the influence of a controlled substance and is charged with both a DUI and being under the influence of a controlled substance is ineligible for DEJ. [People v. Duncan, (1990) 216 Cal.App.3d 1621]. This means that the driver is facing a minimum of 90 days in the county jail unless he or she is eligible for Proposition 36 drug treatment. Although, this person will be ineligible for Proposition 36 drug treatment if he or she is convicted of both the generic DUI and the section 11550 charge.

If you are facing charges for DUI drugs (Vehicle Code section 23152(a)) and being under the influence of a controlled substance, you need experienced Redwood City DUI defense attorneys, Ahmed & Sukaram, Attorneys at Law to help you avoid a minimum of 90 days in the county jail.

DUI cases involving drugs are more difficult for a prosecutor to prove. This is because a properly conducted prosecution will cost the District Attorney more money to prosecute than a generic DUI prosecution. In a DUI drug prosecution the District Attorney should have the defendant's blood or urine sample tested for multiple controlled substances. With each particular category of drug tested the cost of the test increases. Moreover, the District Attorney should present testimony from a medical expert, i.e., a doctor, as to the effects of a particular drug used in a particular amount on a defendant's ability to operate a motor vehicle.

At Ahmed & Sukaram, Attorneys at Law, we can present to the District Attorney and the jury the weaknesses in the prosecutor's case if the District Attorney's Office is taking a shortcut in their DUI drug prosecution. Contact the Oakland and Redwood City offices of Ahmed & Sukaram, Attorneys at Law today so that we can discuss with you your options in your DUI drug case.