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]
Misdemeanor: 2-180 days