Description

It is a crime for a person who is addicted to the use of any drug to drive a vehicle and that person may be charged with Driving While Addicted to Drugs. The statute does not apply to persons participating in approved drug treatment programs. Although not often enforced, the statute is part of California DUI law and, for those individuals who have prior DUI convictions, can lead to serious consequences. “”Addicted to drugs”” is defined as being physically dependent on the drug and likely to suffer withdrawals if deprived of the drug or the development of a tolerance to the drug’s effects or you have become emotionally dependent on the drug and experience a compulsion for use of the drug.

What does the prosecutor have to prove?

1. Defendant drove a motor vehicle.
2. Defendant did so while addicted to the use of any drug. [Cal Crim No. 2112]

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?Yes
Is this charge considered a “domestic violence” for immigration purposes?No
Is this charge considered a “firearm conviction” for immigration purposes?No