San Diego DUI Drugs Defense Lawyer

Fighting Drugged Driving Charges in San Diego County

Most people think of DUI charges as involving alcohol. But under California law, it’s also a crime to drive under the influence of drugs—including illegal substances, prescription medications, and even over-the-counter products that impair your ability to drive safely. If you’ve been arrested for driving under the influence of drugs (DUID) in San Diego, you’re facing serious legal consequences—and you need a strong defense right away.

At Anthony Z. Vargas, Esq., Attorney at Law, we help clients fight DUID charges and protect their freedom, license, and future. As a former Public Defender with experience handling both misdemeanor and felony DUI cases, San Diego DUI drugs defense lawyer Anthony Vargas understands how prosecutors build these cases—and how to dismantle them. Contact Anthony for immediate assistance and your best shot at a positive outcome.

What Is DUI Drugs in California?

Under California Vehicle Code § 23152(f), it is unlawful for a person to drive a vehicle while under the influence of any drug. This applies to illegal drugs such as cocaine, methamphetamine, or heroin, as well as marijuana, even if used legally for medical or recreational purposes. In addition, a DUID charge could be based on driving under the influence of prescription medications such as Xanax, Vicodin, Ambien or Oxycodone, or even over-the-counter drugs like Benadryl or NyQuil if they impair driving.

The law doesn’t distinguish between legal and illegal substances. If a drug—regardless of its source or purpose—affects your nervous system, brain, or muscles in a way that impairs your ability to drive like a sober person, it can lead to a DUID charge.

DUI Marijuana Charges

With the legalization of recreational marijuana in California, law enforcement has stepped up patrols and prosecutions for marijuana DUIs. But unlike alcohol, there is no set legal limit for THC (the active compound in marijuana) in California. That makes these cases more subjective—and more defensible.

Police typically base marijuana DUI arrests on officer observations (odor, red eyes, slurred speech, behavior), field sobriety tests, DRE (Drug Recognition Expert) evaluations, and blood test results indicating the presence of THC.

A major issue with THC testing is that THC can remain in your system for days or even weeks after use, long after any intoxicating effects have worn off. That means you could be arrested for a marijuana DUI even if you weren’t actually impaired at the time you were driving.

Anthony Vargas knows how to challenge these types of arrests and build a defense based on science, medicine, and common sense.

How Are Drug DUIs Investigated?

Unlike alcohol-related DUIs, which usually involve a breath test, drug DUIs often involve the following:

Traffic Stop & Officer Observations

Police may pull you over for erratic driving, a traffic violation, or a checkpoint stop. If they suspect drug use, they may conduct field sobriety tests and question you about recent medication or substance use.

Drug Recognition Evaluation (DRE)

If an officer believes you are impaired by something other than alcohol, a specially trained officer (DRE) may perform a 12-step evaluation. This includes checking pupil size, blood pressure, muscle tone, and your statements.

Chemical Testing

You may be asked to provide a blood or urine sample. California’s implied consent law (§ 23612 VC) means you are required to submit to testing after a lawful DUI arrest. Refusing the test can lead to license suspension and additional penalties.

Penalties for DUI Drugs in California

DUID penalties are similar to those for alcohol-related DUIs. For a first offense, you could face up to 6 months in jail, fines and fees totaling $2,000–$3,000+, 6–10 month driver’s license suspension (through the DMV), a three-month drug education program, three to five years of informal probation, and an Ignition interlock device (IID) requirement.

Penalties increase for second, third, or felony offenses and may include longer jail or prison terms, a longer license suspension or revocation, 18- or 30-month education programs, and designation as a habitual traffic offender. If drugs are found in your vehicle, you may also face drug possession charges, which carry their own set of consequences.

Aggravating Factors That Increase DUID Penalties

Certain factors can make a DUID more serious and lead to enhanced penalties, including prior DUI convictions, driving with a suspended license, causing an accident or injury, refusing a chemical test, or having a child in the car. These “aggravating factors” can turn a misdemeanor into a felony or lead to longer jail terms, higher fines, or more extensive probation conditions.

Defending Against DUI Drug Charges in San Diego

Drug DUI cases are often more defensible than alcohol-related DUIs because of the lack of clear legal limits, the subjective nature of officer observations, and the problems with chemical testing. Here are just a few defense strategies we may use:

Challenging the Stop: If the traffic stop wasn’t legal, all evidence may be inadmissible.
Contesting the Observations: Officers often mistake fatigue, anxiety, or medical issues for drug impairment.
Questioning DRE Evaluations: These evaluations are based on subjective opinion, not hard science.
Attacking Test Validity: Blood and urine tests are prone to contamination, delay, and misinterpretation.
Lack of Proof of Impairment: The presence of a drug in your system doesn’t prove you were impaired while driving.

Every case is different. We carefully review the facts, examine the evidence, and look for opportunities to reduce the charges or dismiss them entirely.

Can Prescription Medications Lead to DUI Charges?

Yes. Many people are surprised to learn they can be arrested for DUI while taking medication exactly as prescribed by their doctor. Common prescription drugs involved in DUID cases include opiates and painkillers (e.g., Norco, Oxycodone), anti-anxiety medications (e.g., Xanax, Ativan), sleep aids (e.g., Ambien, Lunesta), and stimulants (e.g., Adderall, Ritalin).

Even if your doctor prescribed the medication, if it impairs your ability to drive safely, it can lead to criminal charges. We’ll review your medical history, expert testimony, and other evidence to show that you were not impaired or that the arrest was unjustified.

Know Your Rights: Don’t Talk—Call a Lawyer

If you’re arrested or pulled over for suspected DUI drugs:

1. Stay calm.
2. Don’t admit to using drugs or taking medication.
3. Don’t agree to any field sobriety tests.
4. Ask for a lawyer immediately.

You have the right to remain silent and the right to legal counsel. Invoking those rights may be the most important thing you do to protect your future.

Speak With a San Diego DUI Drugs Defense Lawyer Today

A DUI Drugs charge can have long-lasting consequences—but it doesn’t have to define your future. At Anthony Z. Vargas, Esq., Attorney at Law, we fight drugged driving charges with aggressive, knowledgeable, and personalized defense. From challenging the evidence to negotiating reduced charges, we work tirelessly to protect your license, freedom, and record.

Don’t plead guilty or go to court alone. Call San Diego DUI drug defense attorney Anthony Vargas today and find out how we can help.