Driving Under the Influence of Controlled Substances: Drugs, Prescriptions, Medications, Alcohol UseDriving under the influence DUI charges in violation of Vehicle Code Section 23152(a) and 23152(b) are brought where the police accuse you of driving with drugs, prescription medications, or other controlled substances in your blood and being unsafe on the road. Often alcohol consumption is an additional factor in such cases and adds to the seriousness of the criminal DUI allegations in Los Angeles Courts.
Combined with alcohol use, the consumption of drugs such as cocaine, marijuana, LSD, psilocybin, MDMA Ecstasy, methamphetamine or even prescription medications such as Xanax or Benzodiazapem, may result in a DUI conviction. Importantly, even the presence of lawful prescription medications in your system may lead to a DUI arrest if the officers conclude that you were unsafe on the road.
Our firm’s Los Angeles DUI Defense Lawyers aggressively investigate and defend claims of being under the influence of drugs and/or alcohol. We seek the intervention of Forensic Toxicologists, chemists who are able to retest the blood evidence in the case. Often, if the blood sample is contaminated, improperly preserved, or improperly tested, the firm is able to reduce DUI charges to be reduced or dismissed. Further, we aggressively cross-examine arresting police officers to determine if they had sufficient expertise in the drug to come to an expert opinion leading to an arrest. Frequently, arresting officers are not "certified DREs," drug recognition experts, and their opinions hold little or no weight to the judge.
In a DUI case, the burden of proof is on the prosecution to prove that you were so intoxicated that you could not operate a motor vehicle safely. In defending your case, our expert Los Angeles DUI attorneys will probe many relevant legal issues, including:
- The legality of the traffic stop
- If the drugs were found in your car or on your person
- The lawfulness of the search for drugs in your vehicle
- Whether or not a Drug Recognition Expert was employed to examine you
- If the blood tests were conducted with all of the necessary and proper guidelines specified in Title 17
- Whether the driving pattern was unusual or not
Call Kestenbaum, Eisner & Gorin, and one of our experienced Los Angeles DUI lawyers will immediately consult with you about the most aggressive courtroom strategy available in your case.