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]
Misdemeanor: 2-180 days