DUI Blogger

Last week, Chris Simms was arrested in New York for allegedly driving under the influence of marijuana. He pled “not guilty” and refused the prosecution’s offer of a $500 fine, three days of community service, and a six-month driver’s license suspension.

If Simms had been arrested for driving under the influence of any drug other than marijuana, he would have also likely been charged for being under the influence of a controlled substance.
In California, for example, Health and Safety Code 11550 HS California’s “under the influence of a controlled substance” law prohibits being under the influence of a controlled substance in “any detectable manner”.

“Any detectable manner” is a lesser standard than that used in California DUI cases which require impairment to such a degree that you can’t drive with the caution characteristic of a sober person.

Because Health and Safety Code 11550 HS California’s “under the influence of a controlled substance” law uses this lower standard of impairment, it is common for someone who is charged with driving under the influence of drugs to simultaneously be charged with this offense as well.

However, marijuana is not considered a “controlled substance”, which exempts a user from prosecution under this code.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , Driving Under the Influence of Drugs

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Comedian Artie Lange pled guilty to DUI in a New Jersey Court yesterday. Lange was arrested back in July following a minor traffic accident. A regular on the Howard Stern show, Lange claims that at the time of the incident, he was under the influence of prescribed sleeping pills he had taken the night before.

This news falls on the heels of yesterday’s blog, where I specifically addressed driving under the influence of drugs (DUID) as a fairly common trend. While Tawny Kitaen’s arrest (the topic of yesterday’s blog) was likely (though not necessarily) drug-related, Lange’s was admittedly due to a prescription sleep aid.

If you are unable to drive your car in the same manner as a sober driver would under the same circumstances, California will prosecute you for driving under the influence of drugs, regardless of whether the drugs were illegal, prescription, or over-the-counter.

Continue reading "Comedian Artie Lange Pleads Guilty to DUI" »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , DUI , DUI of Prescription Drugs , Driving Under the Influence of Drugs , News & Information

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California Vehicle Code 23152a makes it illegal to drive under the influence of alcohol or drugs or both. The most common type of DUI drugs case prosecuted in the state is DUI of marijuana.

Unlike alcohol cases, California law imposes no “per se” limit on the amount of marijuana that can be in a driver’s body. A blood test revealing THC levels, in and of itself, proves nothing. Therefore DUI marijuana prosecutions invariably rely on the testimony of police officers that the suspect exhibited signs and symptoms of marijuana intoxication. These tend to include bloodshot eyes, slow speech, a confused thought process and a lack of physical coordination.

Even if one believes that being “high on weed” impairs driving ability, police still lack a reliable means of gauging whether a driver is indeed high. Most beat cops are very poorly trained at drug recognition evaluation. And the “signs and symptoms” associated with marijuana intoxication often stem from other causes. For example, bloodshot eyes may result from lack of sleep. Lack of coordination is typical in a high-stress situation, as when a person is forced to perform field sobriety tests following a DUI traffic stop.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Driving Under the Influence of Drugs , Marijuana DUI

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On January 2, 2009, actress Heather Locklear pleaded no contest to a charge of misdemeanor reckless driving, reports TMZ.com. Locklear’s no contest was delivered as part of a plea bargain which resulted in the dismissal of DUI of drugs charges against the 47-year-old actress.

In September 2008, according to Reuters, a California Highway Patrol officer responding to a 911 call arrested the actress after finding her car blocking a traffic lane near Montecito. Breath tests failed to indicate the presence of alcohol, and she was charged with driving under the influence of drugs.

California law makes no real distinction between impairment caused by prescription medication such as anti-depressants and cold medicines, and impairment caused by illegal drugs such as cocaine or marijuana. Also, a California DUI drugs charge carries a more significant social stigma than drunk driving. Clearly a lot is at stake for anyone facing a DUI drugs charge.

Continue reading "Anatomy of a California DUI Case: Heather Locklear " »

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Celebrity DUI Arrests , Driving Under the Influence of Drugs , News & Information

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A recent Los Angeles Times blog by Susan Brink talks about new tests just like a Breathalyzer that researchers hope will detect drivers operating under the influence of illegal drugs. The National Institutes of Health has reportedly released guidelines on possible ways to conduct these tests. Just as suspected drunk drivers are asked to blow into a Breathalyzer, someone suspected of driving under the influence of marijuana or cocaine may be asked to spit into a cup. Your saliva will then be tested for the presence of drugs.

Experts are hoping that these new guidelines, which are still evolving, will be a good way to identify drivers under the influence of drugs and keep them off the roadways. But the question is: Is this an effective way of finding out if drivers are really impaired? As DUI and drug crime defense attorneys in California, we have consistently found that Breathalyzers that are used in the field by police are not at all an effective measure of blood alcohol content (BAC). A lot of these testing devices are not calibrated properly and show wrong readings, which we have challenged in court and won.

Officials who authorize field tests should seriously consider their efficacy and reliability. First, the tests must be reliable. Secondly, the officers who are conducting the tests should be trained properly and be able to carry out the tests in a proper manner. We’ve seen that hasn’t been the case with Field Sobriety Tests. Even the National Highway Transportation Safety Administration (NHTSA) studies show that these tests are not an effective way of measuring whether a driver is intoxicated.

An experienced and knowledgeable Southern California drunk driving defense attorney will be able to help you fight your DUI despite Breathalyzer tests that show a BAC of 0.08 or higher. A truly skilled DUI defense attorney can effectively challenge field sobriety tests and defend the charges against you. If you or someone you love has been arrested on suspicion of a DUI, please call us to schedule a free consultation.

Posted by Neil Shouse | Permalink | Email This Post

Posted In: Driving Under the Influence of Drugs

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