What level of “impairment” is required for a Drug-based Drunk Driving conviction in Orange County?

In the context of DUI Drugs under California Vehicle Code 23152(a), the prosecution must prove “impairment” based upon drugs.  It is very difficult for the prosecution to meet its burden of proving impairment beyond a reasonable doubt. This is especially true when the charges are based solely upon alleged drug use, with no evidence that alcohol was involved.

For a conviction based in whole or in part on drug use, the drug must be a substance or combination of substances (other than alcohol) that can impair driving to an appreciable degree. In addition, the prosecution must prove that the defendant was in fact impaired by that drug. It is important to understand that it is not a valid defense to the charge of California Vehicle Code 23152(a) (DUI Drugs) that the defendant had a prescription or otherwise legally used an over-the-counter, non-prescription drug. (See California Vehicle Code section 23630).