Driving Under the Influence (DUI) of Drugs

Description

It is a crime to Drive Under the Influence of Drugs, defined as any substance other than alcohol which could affect the muscles, nervous system or brain. This can include prescription or over-the-counter drugs if they impair driving ability. As there is no BAC (blood alcohol concentration) for a DUI Drug, offenses are treated differently than alcohol arrests. A DUI Drug investigation involves the use of an officer trained to recognize driver impairment under the influence of drugs.

What does the prosecutor have to prove?

1. Defendant drove a motor vehicle.
2. Defendant did so while under the influence of any drug. [Cal Crim No. 2110 and 2111]

Punishment

Misdemeanor: 2-180 days

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	No
Is this charge a “serious felony”	No
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	No
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	No
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	May
Is this charge considered a “firearm conviction” for immigration purposes?	No