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: San Diego Injury Lawyer Blog

Driving Under The Influence Of Drugs In San Diego

By Ross Jurewitz

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Earlier this week, we posted this article on our San Diego Car Accident Lawyer Blog about a car driver under the influence of drugs who struck a bicycle rider.

When that article was written, it was brought to light that many San Diegans do not know the difference between driving under the influence of drugs and driving under the influence of alcohol. Essentially there is no difference. However, there is one slight difference in the consequences and a difference in the way that the offense is proven.

When a suspect is charged with driving under the influence of alcohol, a measurement of a blood alcohol content (BAC) of .08% that can be used to determine whether the suspect has had too much to drink or not. If the suspect has a BAC of .08% or higher then there is a "per se" offense--that is, a strict breaking of the law--and the driver can be charged. When the suspect is driving under the influence of drugs, there is no BAC and therefore no "per se" offense. The DMV is therefore not able to administratively suspend the license of a suspect driving under the influence of drugs. However, the driver's license may be suspended as a criminal conviction.

Chemical testing is the second way in which the two offenses differ. As stated above, the standard way for San Diego police officer to test for alcohol in a car driver's system is to use a breathalyzer. However, a breath test cannot register the presence of drugs in the suspects system. If a San Diego police officer suspects that the driver is under the influence of drugs then a blood test may be taken, and sometimes a urine test.

When prosecuted, the suspect may have the arresting officer's comments used against him as evidence. The San Diego police officer may comment on the suspect's physical appearance, performance with field sobriety tests, erratic driving, incriminating statements, and his or her conduct.

Full post as published by San Diego Injury Lawyer Blog on April 01, 2009 (boomark / email).