Differences between California DUI and California DUID
While one might think that a California driving under the influence of alcohol (DUI) case and a
California driving under the influence of drugs (DUID)
are the same, there are a number of differences between the two. For instance, one of the most common tests given to a suspected offender in a
California DUI case is a breath test, while one who is suspected of being under the influence of drugs is most often subjected to a blood test.
Furthermore, when it comes to aCalifornia DUID case, there is no “legal limit.” While a
California DUI case is heavily based on the fact that a driver violated
California’s “per se” laws when a suspected offender has a blood-alcohol content level of .08% or higher, in a
California DUID case, the sole issue is whether or not the suspected offender was actually impaired. Additionally, because the .08% or higher factor is not relevant in a DUID case, the
Department of Motor Vehicles is unable to administratively suspend an individual’s driving privileges as in
California DUI cases. However, as part of a criminal sentence in a
California DUID case, an individual’s driving privileges can be suspended.
In large part, the District Attorney’s preponderance of evidence in a California DUID case is weighted heavily on any observations made by the arresting police officer - erratic driving symptoms, behavior during a stop, performance during field sobriety testing, etc.
When one is
under the influence of drugs
, their symptoms are sometimes quite different from those of one who is under the influence of alcohol. Because most arresting officers are not qualified (either in training or experience) to recognize drug symptomology, an experienced
California DUI attorneymost often can prevent the officer from testifying. This is simply because such testimony regarding observations made would need to be done so by an expert in drug symptomology.
Whether arrested for in California for driving under the influence of alcohol or drugs, there are serious repercussions that can result. Therefore, it is crucial for suspected offenders to have an experienced
California DUI/DUID attorney aggressively fighting to get evidence suppressed and get favorable results.