A DUID (Driving Under the Influence of Drugs) in Los Angeles is charged under California Vehicle Code §23152(f), which makes it illegal to drive while impaired by drugs, including marijuana, prescription medication, or illegal substances.
Penalties are similar to alcohol DUI, and can include possible jail time, fines, driver’s license suspension, and DUI school.
Key Takeaways
- DUID covers any drug impairment, including legal substances
- There’s no legal limit: Cases rely on officer observations and expert testimony
- A DUID can involve both a criminal case and a separate DMV action affecting your driver’s license, depending on the circumstances.
What is a DUID in Los Angeles?
DUID means driving under the influence of any drug, not just illegal drugs.
This includes:
- Marijuana (THC)
- Prescription drugs (Xanax, Ambien, Ativan, opioids)
- Over-the-counter medications (if impairing)
- Illegal substances (meth, cocaine, heroin, etc.)
The key standard is impairment, not simply the presence of the drug.
In 2022 (the most recent data available), the L.A. City Attorney's specialized DUID unit handled 5,960 cases.
California DUID Law
DUID charges are prosecuted under:
- California Vehicle Code §23152(f) – Driving under the influence of drugs
- California Vehicle Code §23152(g) – Combined alcohol and drugs
How Police Investigate DUID in Los Angeles
DUID investigations in Los Angeles County typically involve multiple steps designed to determine whether a driver was impaired at the time of driving. Unlike with alcohol, there is no fixed legal limit (like 0.08% BAC) for drugs. Instead, officers often rely on a combination of observations, field testing, and chemical evidence.
Not every case will involve every step, and the exact process typically varies depending on the circumstances of the stop, the officer’s training, and the evidence available.
Traffic Stop
Almost every driver has been through this. Police must have reasonable suspicion to initiate a traffic stop.
Related: What to do if you're pulled over by police
Standardized Field Sobriety Testing
Officers may use the walk and turn, one-leg stand, and horizontal gaze nystagmus (this test is less reliable for drugs).
Related: Standardized field sobriety tests
Evaluation by a Drug Recognition Expert (DRE)
A DRE officer may conduct a 12-step evaluation, including:
- Eye exams
- Pulse checks
- Muscle tone assessment
- Statements and observations
Chemical Testing
Under California’s Implied Consent law, drivers are generally required to submit to a chemical test after a lawful DUI arrest. In drug DUI cases, that often means a blood test because breath testing usually does not detect drugs.
Related: California implied consent law
What Happens After a DUID Arrest in Los Angeles? (The LA County Court Process)
If you’re arrested for DUID in Los Angeles County, your case will typically move through a series of hearings in the Los Angeles County Superior Court. While every case is different, most follow a similar path:
1. Arrest, Booking, and Release
After a DUID arrest, you may be:
- Booked and released on your own recognizance (OR), or
- Required to post bail, depending on the circumstances
In many Los Angeles cases, first-time offenders are released without having to post bail, but this can vary based on prior history or aggravating factors.
2. Arraignment (Your First Court Appearance)
Your arraignment is your first formal court date. It will usually be scheduled within a few weeks of the arrest.
At this hearing:
- You are formally advised of the charges
- You enter a plea (typically “not guilty” at this stage)
- The judge may address bail or release conditions
- Future court dates are set
In most misdemeanor DUID cases in Los Angeles, your attorney can often appear on your behalf, meaning you may not have to attend personally.
3. Pretrial Phase
This is the most important stage of a DUID case, because it’s where most cases are resolved.
During pretrial proceedings, your attorney may:
- Review police reports and bodycam footage
- Analyze blood test results and lab procedures
- Challenge the legality of the traffic stop or arrest
- Evaluate the Drug Recognition Expert (DRE) findings
- Negotiate with the prosecutor
In Los Angeles County, many DUID cases are resolved during this phase through:
- Case dismissal
- Reduction to a lesser charge
- Informal resolution agreements
4. Motions and Evidence Challenges
If there are legal issues, your attorney may file motions such as:
- Motion to suppress evidence (illegal stop or search)
- Challenges to blood test reliability
- Challenges to DRE methodology or conclusions
These motions can significantly impact the strength of the prosecution’s case.
5. Trial (If Your Case Has Not Been Resolved)
If no agreement is reached, your case may proceed to trial.
In Los Angeles, DUID trials typically involve:
- Officer testimony about driving behavior and observations
- DRE testimony regarding impairment
- Toxicology evidence from blood tests
- Defense experts (in some cases)
The prosecution must prove beyond a reasonable doubt that you were actually impaired at the time of driving—not just that drugs were present in your system.
6. Sentencing (If You’re Convicted)
If you are convicted or accept a plea, the court will impose a sentence.
In Los Angeles County, this often includes:
- Fines and penalty assessments
- DUI school program
- Probation (typically 3–5 years)
- Possible license-related consequences
- Jail (This is less common in first-offense cases, but still possible depending on the specifics of your case)
Where Your Case Will Be Heard in Los Angeles
DUID cases are handled in specific courthouse locations depending on where the arrest occurred.
Common Los Angeles County DUI/DUID courthouses include:
- Metropolitan Courthouse (aka Metro Justice Center): 1945 S. Hill St., Los Angeles
- Clara Shortridge Foltz Criminal Justice Center (Downtown LA): 210 West Temple St., Los Angeles
- Airport Courthouse (also sometimes called LAX courthouse due to the proximity to Los Angeles International Airport): 11701 S. La Cienega, Los Angeles
- Van Nuys Courthouse West: 14400 Erwin St Mall, Van Nuys
- Alhambra Courthouse: 150 West Commonwealth, Alhambra
- Pasadena Courthouse: 300 E. Walnut Ave, Pasadena
- Long Beach Courthouse: 275 Magnolia Ave, Long Beach
Your citation or booking paperwork will list the specific courthouse.
DUID Penalties in Los Angeles
The penalties for drug-related DUIs are similar to those for alcohol-related offenses.
First Offense
- Fines: Between $1,800 to $3,000+ (with assessments)
- DUI school: Typically a 3-month program for a first offense, though longer programs may be required in certain cases
- License consequences: DUIDs often include a suspension or restriction, depending on eligibility and prior history
- Possible probation: Three to five years
- Possible jail: This is rare, but not impossible
Related: DUI penalties
Aggravating Factors
- Child in the car (enhancement under California Vehicle Code §23572)
- Accident or injury
- Prior DUI or DUID convictions
- Refusal to submit to testing
Marijuana DUID in Los Angeles
Under California law (primarily Proposition 64, the Adult Use of Marijuana Act), marijuana is legal in California for adults ages 21 and up. However, driving under the influence of marijuana remains illegal. Additionally, you cannot have open containers or use cannabis in most public places.
Marijuana-related DUID charges are becoming increasingly common. The challenge is that THC stays in your system long after impairment ends.
Additionally, California has no legal THC limit, and in addition to blood test results, prosecutors commonly rely on officer observations and DRE testimony, which can be subjective.
Prescription Drug DUID
It’s important to understand that you can be charged even if you have a valid prescription. If the police believe the medication impaired your driving ability, you could end up facing charges.
Legitimate medications that can result in impairment include:
- Sleep aids (Ambien)
- Benzodiazepines (Ativan)
- Muscle relaxers (Flexeril)
- Painkillers (opioids)
DMV vs Criminal Case
A DUID can involve both a criminal court case and separate DMV consequences affecting your driving privileges. Whether a DMV administrative hearing is available or necessary depends on the facts of the case and the basis for the license action.
In some cases, a DMV Administrative Per Se (APS) process may apply, which can determine whether your license is suspended.
If DMV administrative action is triggered, the deadline to request a hearing is typically very short and is often measured from the date you receive notice of suspension or revocation.
Related: DMV APS hearings
Potential Defenses to DUID Charges
DUID cases can present unique defense opportunities compared to alcohol-related DUI cases.
Common defenses include:
- No proof of impairment: The presence of drugs in your system does not always equal impairment
- Faulty DRE evaluation: These are often subjective
- Illegal traffic stop: If your rights were violated, we may be able to have evidence suppressed
- Rising drug levels: Your blood levels may not reflect impairment during the time you were driving
- Medical explanations: Fatigue, illness, or injury can mimic impairment
Will a DUID Stay on Your Criminal Record?
A DUID will stay on your driving record as a priorable DUI for 10 years. However, the criminal court record can remain visible unless it is later dismissed or otherwise cleared.
During that time, it can affect insurance rates, background checks, and professional licensing.
Record-Clearing Options
Many California DUID convictions may later qualify for dismissal relief under Penal Code § 1203.4 or § 1203.4a, depending on the sentence and whether the person meets the eligibility requirements.
A DUID is typically charged under Vehicle Code § 23152(f) (driving under the influence of drugs), and expungement works the same as a standard DUI.
However, you must meet the following eligibility requirements:
- You completed probation successfully, or
- You obtained early termination of probation
And you:
- Paid all fines and fees
- Completed DUI school (if required)
- Did not violate probation
You are not eligible for expungement if you:
- Are currently on probation
- Have an active criminal case
- Served time in a state prison (rare for a DUI or DUID)
FAQs
Is DUID harder to prove than DUI?
Often, yes. Unlike alcohol DUI cases, there is no fixed legal limit for most drugs. Instead, prosecutors must prove actual impairment using evidence such as driving behavior, officer observations, toxicology results, and sometimes expert testimony.
Can you get a DUID for marijuana in California?
Yes. Even though marijuana is legal in California for adults 21 and over, it is still illegal to drive while impaired by it. There is no legal THC limit, so cases focus on whether your ability to drive was impaired.
Do you lose your license for DUID?
Not automatically. A DUID arrest can trigger a DMV administrative process, and a conviction can affect your driving privileges. However, the outcome varies depending on factors like prior history and whether you qualify for a restricted license or other alternatives.
Can you refuse a blood test?
Refusing a required chemical test after a lawful DUI arrest can lead to additional penalties and DMV consequences. In drug-related DUI cases, testing often involves blood because breath tests typically do not detect drugs.
Facing a DUID in California?
If you've been charged with DUID, our team at Michael & Associates can help.
In addition to requesting your DMV hearing (if necessary), our attorneys will investigate:
- Whether the traffic stop was lawful
- Whether chemical testing procedures were followed
- Whether your rights were violated during the investigation
A strong defense attorney may be able to reduce your financial penalties or avoid a conviction altogether.
Contact us today to set up a free, confidential consultation.
Sources: Michael & Associates research, California Vehicle Code, Proposition 64, California Penal Code, Los Angeles Superior Court, LACourt.org
