Huntington Beach DUID Attorney
Focused Help After A Drug DUI Arrest
If you were arrested for driving under the influence of drugs in Huntington Beach, you are probably worried about your license, your record, and your future. A DUID charge can feel confusing, especially if prescriptions or marijuana are involved and you did not feel impaired.
At Gold & Witham, we focus our practice on DUI defense, including drug intoxication cases. Our Huntington Beach DUID attorneys bring over 40 years of combined experience to every matter, and we work closely with clients to respond quickly after an arrest, address DMV deadlines, and start building a defense.
For a confidential consultation with our team, call (800) 716-6791.
What Is a Drug DUI (DUID)?
A drug DUI—commonly referred to as DUID—occurs when a driver is alleged to be impaired by drugs rather than alcohol. Under California law, it is illegal to drive while under the influence of any drug that impairs your ability to safely operate a motor vehicle. This includes illegal drugs, prescription medications, and even over-the-counter substances.
Unlike alcohol DUIs, there is no specific legal limit for drugs in California. Prosecutors must prove that the substance actually impaired your driving, which opens the door to many potential defense strategies.
Common Types of Drugs Involved in DUID Cases
Drug DUI charges can involve a wide range of substances. Some of the most common include:
Illegal Drugs
- Marijuana (THC)
- Cocaine
- Methamphetamine
- Heroin
- MDMA (Ecstasy)
Even though recreational marijuana is legal in California, driving while impaired by THC remains illegal.
Prescription Medications
- Opioid painkillers (Oxycodone, Hydrocodone)
- Anti-anxiety medications (Xanax, Valium)
- Sleep aids (Ambien)
- Muscle relaxants
- Certain antidepressants
A valid prescription does not automatically protect you from a DUID charge if law enforcement believes the medication impaired your driving.
Over-the-Counter Drugs
- Cold and flu medications
- Antihistamines
- Motion sickness drugs
These substances can cause drowsiness, delayed reaction time, or dizziness—effects that may lead to a drug DUI arrest.
California Drug DUI Laws
California Vehicle Code §23152(f) makes it illegal to drive under the influence of any drug, while §23152(g) prohibits driving under the combined influence of drugs and alcohol.
Key aspects of California DUID law include:
- No per se limit: Unlike the 0.08% BAC standard for alcohol, there is no defined threshold for drugs.
- Impairment-based: Prosecutors must prove actual impairment that affected your ability to drive safely.
- Chemical testing: Blood and urine tests are commonly used, but they do not always prove impairment at the time of driving.
- Zero-tolerance for certain drivers: Commercial drivers and drivers under 21 face stricter rules.
A Huntington Beach DUID lawyer can analyze whether the prosecution’s evidence truly establishes impairment or merely shows the presence of a substance in your system.
Penalties for a Drug DUI in Huntington Beach
Penalties for a DUID conviction are similar to those for an alcohol DUI and may include:
- Fines and court costs
- Probation
- Mandatory drug education or treatment programs
- Driver’s license suspension or restriction
- County jail time
- Installation of an ignition interlock device (in some cases)
Penalties increase significantly for repeat offenses, accidents, or cases involving injuries. A conviction can also result in a permanent criminal record, higher insurance premiums, and employment difficulties.
How a Huntington Beach DUID Lawyer Can Help
Drug DUI cases often hinge on subjective evidence and flawed procedures. At Gold & Witham, we scrutinize every aspect of your arrest, including:
- Whether the traffic stop was lawful
- The accuracy of field sobriety tests
- The qualifications of Drug Recognition Experts (DREs)
- The reliability of blood or urine testing
- Chain of custody and lab errors
- Whether your rights were violated
Our goal is to have charges reduced or dismissed whenever possible and to minimize the impact on your life.
Common Defenses in Drug DUI Cases
Effective DUID defenses may include:
- Lack of probable cause for the traffic stop
- No actual impairment, despite drug presence
- Improper administration of field sobriety tests
- Inaccurate or contaminated chemical tests
- Medical explanations for observed symptoms
- Prescription drug defense, where medications were taken as directed
Each case is unique, and our Huntington Beach DUID attorney will tailor the defense strategy to your specific circumstances.
DUID FAQs
Is driving after using marijuana legal in California?
No. While marijuana is legal, driving while impaired by THC is illegal and can result in a DUID charge.
Can I be arrested for DUID without failing a chemical test?
Yes. Unlike alcohol DUIs, officers may rely on observations, field sobriety tests, and DRE evaluations even without definitive chemical results.
Will I lose my driver’s license for a drug DUI?
Possibly. A DUID arrest can trigger a DMV administrative suspension in addition to criminal penalties. An attorney can represent you at your DMV hearing.
Are prescription drugs treated differently than illegal drugs?
No. If a prescription medication impairs your driving, you can still be charged with DUID—even if the drug was legally prescribed.
Should I hire a lawyer for a first-time DUID offense?
Absolutely. Even a first offense can have long-term consequences. An experienced Huntington Beach DUID lawyer can protect your rights and explore options to reduce or dismiss the charges.
Why Our DUI Attorneys Matter
Choosing the right lawyer is critical when your freedom and driving privileges are at risk. Our firm is dedicated to DUI defense, which means we devote our time to cases involving alcohol and drugs, not a wide range of unrelated criminal charges. This focus helps us stay current on California DUI laws, scientific issues in testing, and court practices in this region.
Attorneys Jeffrey Gold and Nigel Witham offer more than four decades of combined experience defending DUI charges. Over the years, we have represented people accused of drugged driving involving prescription medications, marijuana, and other substances. We use that background to identify legal and factual issues that might not be obvious from the paperwork alone.
We also know that every client and every case is different. Some people have prior records, others are facing a first arrest. Some hold professional licenses or commercial driving jobs, and others are students or parents who rely on a car every day. We take these realities into account when we review the evidence and discuss strategy, so our advice aligns with what matters most in your life.
When you work with our firm, you work directly with experienced DUI attorneys, not a large rotating staff. We review police reports, video, and test results ourselves, and we communicate with you about what we see. Our goal is to give you a clear picture of where your case stands and what steps we can take together.
Contact us today to get started on building your defense.
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