Driving under the Influence of Drugs

Drug impaired driving, as well as drunk driving, is very dangerous not only for the driver but also for the eventual victims of a car accident. Recent studies indicate that driving under the influence of drugs in California is a real problem, with drugs found in a significant share of the people involved in crashes, having been under the influence of some type of drug at the time of the accident.

Drug impaired driving is considered a crime in California. If you have been involved in such an accident, a Los Angeles personal injury attorney can help you protect your rights.

Laws regarding drugged driving in California

Section 23152 of the California Vehicle Code is the reference law for driving under the influence of drugs (subdivision (f) covers drugs and subdivision (g) the combined influence of alcohol and drugs). The law states that it is unlawful of drug addicted individuals to drive vehicles and also for a person who is under the influence of any drug. The same applies to the drug-alcohol combination. Exempt from the addiction provision (subdivision (c)), but not from the ban on driving under the influence, are individuals who are participating in an approved narcotic treatment program.

The state of California regards drugged driving as a crime and there is no minimum amount of drugs determinable in the blood system according to which conviction is decided. The term addicted used by law refers to an individual who is emotionally or physically dependent on a drug and uses it compulsively.

If you have been accused of driving under the influence of drugs and you were lawfully arrested, you are deemed to have consented to a blood test (or a urine test if a blood test is unavailable); refusal also leads to an administrative license suspension. Refusal can be held as evidence against you in court.

You can watch a video about drugged driving in California:

What does driving under the influence (DUI) mean in California?

Driving under the influence of alcohol or drugs are similar, and are shortly referred to as DUIs, because the damages inflicted by an accident involving DUIs are the same for persons intoxicated with alcohol or drug substances. However, charges in the two cases depend, as for alcohol DUIs the limit admitted is 0.08%, while for drug DUIs there is no limit. In the case of driving under the influence of drugs, the defense may argue that the amount consumed could not have impaired the ability to drive.

The use of marijuana, other illegal substances and over-the-counter (OTC) medication can lead to an arrest if they impair the driver, even if nobody is hurt; if the impaired driver causes bodily injury, the more serious offense of Vehicle Code §23153 applies. Moreover, in the state of California even driving under the influence of prescribed medication can be a crime if the medicine impairs the driver; being legally entitled to use the drug is not a defense (Vehicle Code §23630).

What are the main personal injuries a DUI can inflict?

Apart from the serious crime driving under the influence of drugs means, you should also know that the injuries caused by such reckless behavior are severe for both the injured party, but also for the party inflicting the damages. The use of drugs can lead to heart attacks, strokes or organ failure and up to death. While an accident caused by driving under the influence of drugs in California can lead to minor lesions or can even cause death.

Liability and compensations in a driving under influence of drugs case

Even if it could seem clear as daylight that the person driving under the influence of drugs caused the accident and is at fault for what happened, you should know that there are situations in which a company does not highlight the possible side effects of a drug and the case can turn into a personal injury caused by a dangerous product. This is why a person charged with such a crime should consult a criminal defense attorney, while an injured victim may consult a Los Angeles personal injury attorney.

As the for the compensation you could obtain after a personal injury caused by a DUI these can include medical costs, lost income and compensation for the pain and suffering you have gone through.

Victims of drunk driving accidents in California

Anyone who has suffered an accident caused by a drunk driver is advised to contact a lawyer after they have sought medical care and are feeling better. However, if a family member has died in the drunk driving accident, it is best to contact a lawyer at once.

An L.A. personal injury lawyer can help you collect evidence, such as medical records, police report, declarations of the witnesses, photographs from the accident scene and put them together in order to make a case and ask for the right compensation.

Compensation for the victims of drunk driving accidents in Los Angeles

Individuals who have sustained personal injuries because of a drunk driving accident are entitled to be compensated for the following:

• medical care;
• property damage;
• loss of consortium;
• lost wages;
• therapy expenses;
• emotional damages.

In some cases, the damages the defendant has to pay for exceed the monetary ones. These are the punitive damages and are awarded in order to serve as a punishment for the defendant and discourage him from engaging in this sort of behavior again. The situations in which these damages are awarded are set forth in Civil Code §3294: the plaintiff must prove oppression, fraud or malice by clear and convincing evidence, and malice can include a willful and conscious disregard of the safety of others (California courts have allowed punitive damages against drunk drivers in some cases).

Victims of drunk driving accidents have two years from the date of the accident to claim compensation. This is the statute of limitations in California and plaintiffs are advised to observe this time frame so that their case may have a chance of success. Cases which are brought before the court after this date are, in most cases, dismissed.

How a Los Angeles personal injury attorney can help you

If you have been involved in a car crash or accident while under the influence of drugs, the best thing to do is contact a Los Angeles personal injury attorney. A lawyer will be able to talk you through the legal procedure and what you will need to do if charged with driving under the influence of drugs.

If you have been injured in an accident and the driver was under the influence of drugs, a Los Angeles personal injury attorney can help you seek compensation.

If you encounter other types of situations, such as medical negligence, a medical malpractice lawyer in Los Angeles can help answer your questions and estimate your compensation based on the particular data you provide. A lawyer can also provide details on the statute of limitations for these types of injuries and the cap on compensations.  

Information is also available on other types of injuries. Birth injury lawyers in Los Angeles can answer your questions about the types of injuries that fall under this category, how you can claim compensation, and what will be covered (it can also cover the pain and suffering inflicted by the incident). Contact us through the form if you or your newborn baby were injured during childbirth.

Contact us through the form for more information.

Information is also available on other personal injury cases:

– truck accident attorneys in Los Angeles, 

– brain injury attorneys in Los Angeles,

– slip and fall lawyers in Los Angeles,

– wrongful death attorney in Los Angeles,– malpractice attorney Los Angeles.