Q: Is driving while high a DUI under CA law?
Yes, driving while high is considered a DUI under California law. California Vehicle Code Section 23152 states that it is unlawful for a person to drive under the influence of any drug, including marijuana. This law applies to both illegal drugs and prescription medications that can impair a driver’s ability to operate a vehicle safely.
The impairment does not necessarily have to be from illegal substances; even legal substances can lead to a DUI charge if they affect one’s ability to drive safely. When it comes to marijuana, it’s important to note that while its use is legal in California, driving under its influence remains subject to DUI laws if it impairs the driver.
Law enforcement officials may conduct field sobriety tests or use other methods to assess a driver’s impairment. If a driver is found to be impaired due to drugs, including marijuana, they may face charges similar to those for alcohol-related DUIs, which could include fines, license suspension, and even jail time, depending on the severity and circumstances of the offense.