Is a DUI for Drugs the same as a DUI for Alcohol?

VC 23152 does not distinguish between drugs or alcohol when it comes to whether a person is impaired.  However, there are distinctions when it comes to the quantum of evidence required to prove that impairment.  For example, when dealing  with a DUI for drugs, the law requires that the drug impair the individual to an “appreciable degree”, which is markedly different from that for proving alcohol impairment.  Also, the law requires that the prosecution prove actual impairment if the charge is DUID rather that DWI for alcohol which gives the district attorney the benefit of a presumption of impairment if the person’s blood alcohol level is proven to be above a .08 percent.  No such legal presumption exists if the theory is that the driver was under the influence of drugs.  Clearly, this area of the law is beyond the scope of most laymen, seek the guidance of a Kern County DUI Lawyer if you or someone very close to you is facing a drunk driving charge in the area.

One Response to Is a DUI for Drugs the same as a DUI for Alcohol?

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