Driving Under the Influence of Drugs – Vehicle Code 23152(f)

Many people are shocked to learn that you can be arrested for DUI in California without consuming any alcohol at all. Under California Vehicle Code 23152(f), it is illegal to drive while under the influence of drugs, whether those drugs are illegal, prescription medications, or even over-the-counter substances.

Law enforcement agencies across California now make hundreds of drug-related DUI arrests each year, particularly in Los Angeles County.

These cases often rely on subjective officer observations rather than scientific measurements, making them highly defensible with experienced legal representation.

The Hedding Law Firm is here to help. Schedule your consultation at (866) 986-2092 or contact us here. 

What is Vehicle Code 23152(f)?

Vehicle Code 23152(f) makes it unlawful to operate a motor vehicle while under the influence of any drug that impairs one's ability to drive safely.

Unlike alcohol-based DUI cases:

  • There is no legal “limit” for drugs

  • The drug does not have to be illegal

  • The prosecution must prove actual impairment, not mere presence

The key legal question is whether the drug so affected the mental or physical abilities that you were unsafe to operate a motor vehicle.

What Drugs Can Lead to a DUI Arrest?

A DUI-drug charge may involve:

  • Prescription medications (painkillers, anxiety medication, sleep aids)

  • Illegal drugs (cocaine, methamphetamine, heroin)

  • Marijuana

  • Over-the-counter medications

  • Combinations of drugs or drugs mixed with alcohol

Even when a medication is legally prescribed, you can still be arrested if officers believe it impaired your driving.

How Police Investigate Drug-Related DUI Cases

When a driver is stopped in Los Angeles for suspected impairment, officers often assume alcohol use and begin with traditional DUI procedures.

Once alcohol is ruled out, police typically shift tactics:

  • Questioning designed to elicit admissions about drug use

  • Field sobriety tests (highly subjective)

  • Pupil dilation and eye-tracking observations

  • Calling a Drug Recognition Expert (DRE)

  • Transporting the driver for additional testing

DREs receive specialized training, but their conclusions are opinions—not scientific proof—and are frequently challenged in court.

What Happens If You Refuse a Drug Test?

Under California's implied consent law, drivers must submit to a blood test when officers suspect drug impairment.

Refusing a blood test can result in:

  • One-year driver's license suspension

  • Enhanced penalties

  • Negative inferences drawn by police and prosecutors

In cases involving accidents or injuries, officers may obtain a warrant or force a blood draw.

Can You Be Convicted Without a Positive Drug Test?

Yes. A DUI-drug case can proceed even if:

  • No specific drug level is established

  • The drug was legally prescribed

  • The blood test is inconclusive

Prosecutors often rely on:

  • Officer observations

  • Field sobriety test performance

  • DRE testimony

This makes challenging the evidence essential.

Legal Defenses to DUI Drug Charges

A charge under VC 23152(f) is not unbeatable. Common defenses include:

Lack of Impairment

The prosecution must prove you were actually unsafe to drive, not merely that drugs were present in your system.

Unknowing Ingestion

If you unknowingly consumed a drug—such as being slipped a substance—this can be a complete defense if believed by a jury.

Faulty Field Sobriety Tests

These tests are subjective and prone to officer bias, poor instructions, and environmental factors.

Illegal Traffic Stop

If police lacked reasonable suspicion or probable cause, all evidence may be suppressed.

Dash-cam or body-cam footage often contradicts police reports and can be critical to your defense.

Penalties for DUI Drugs in California

A DUI-drug conviction under Vehicle Code 23152(f) carries penalties similar to alcohol-based DUI, including:

Penalties increase significantly if:

  • There are prior DUI convictions

  • An accident occurred

  • Someone was injured

What Is the First Step After a DUI Drugs Arrest?

The most important step is speaking with an experienced DUI defense attorney immediately. DUI-drug cases involve both court proceedings and DMV actions, each with strict deadlines.

When meeting with a lawyer:

  • Be completely honest

  • Share all medications taken and circumstances

  • Do not minimize or exaggerate facts

Early legal guidance allows your attorney to:

  • Challenge the stop

  • Preserve evidence

  • Handle the DMV hearing

  • Develop a tailored defense strategy

Speak With a California DUI Drugs Defense Lawyer

Drug-related DUI cases are complex, subjective, and aggressively prosecuted. With the right defense, charges may be reduced or dismissed.

Contact Hedding Law Firm for a confidential consultation. An experienced DUI-drugs lawyer can guide you through the process and protect your future. Call us at 866-986-2092.

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