DUID cases are different from DUI cases in that they involve more than just alcohol. The law does not specify the amount of a drug that must be present in the blood to be considered under the influence, so conviction of a DUID requires law enforcement to present evidence of your ability to safely operate a vehicle was impaired by the presence of one or more drugs.
Note that both prescription and non-prescription medications such as anti-depressants, antibiotics, pain relievers, and any other drug can result in being cited for DUID.
Like a DUI , penalties include fines, other penalties, possible jail time, license suspension, probation, and participation in a DUI education program. These penalties are described in the above section.
Defenses for DUID
Driving under the influence of drugs defense requires quick representation, because detection of drugs in your body alone does not prove you were driving under the influence.
For example, marijuana can show up in blood tests up to 4 weeks after use. Medications, particularly when used in combination, can effect coordination and reaction time, and metabolism, weight, and other factors can impact how intoxicants wear off. Additionally, emotional distress, fatigue, and injury can all manifest as erratic behavior that looks like DUID. You need a lawyer familiar with these “innocent explanations,” and can argue them successfully in court.
Have you been arrested for a DUID? Contact me at (530) 823-5400 for a confidential consultation about your case.