Over recent years, law enforcement and district attorneys have increasingly filed DUI charges based on the substances found to be in someone’s body, even if the quantity is very small or the
substance is a prescription or otherwise legal medication.
This is done through charging defendants with violating Section A of the applicable Vehicle Code, which is described vaguely, as “driving without the care of an ordinary sober driver” because of something detected in someone’s blood. (Section B relates only to alcohol, and more clearly delineates that its unlawful to drive with higher than a .08 blood alcohol concentration.)
There are a number of tests standardized by the National Highway Traffic Safety Administration to determine if someone is drunk driving; these tests have much less relevance to drug DUIs, although the police and prosecution often gloss over this reality. That’s just one of the many reasons it is critical to have a skilled, experienced defense attorney fighting for you and your rights.