California’s Vehicle Code section 23152a states that “ It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.” The law further defines “driving under the influence” as the mental or physical impairment that precludes one from being able to drive like one who is sober; with the same caution and responsibility.
When it comes to California driving under the influence of drugs (DUID) cases, it does not matter if the drugs were legal or illegal. Additionally, it does not even matter if the drugs were prescribed by a licensed physician. Even taking some over-the-counter medications can result in a California DUID charge if the person’s ability to drive was impaired. However, an experienced California DUI/DUID defense attorney most often will argue the “impairment” factor and many times be able to get clients a “not-guilty” verdict.