Is There a Difference Between DUI and DUID?

Updated on March 12, 2022

Around 4200 DUI arrests were made in Ventura in 2014. Most of these involved alcohol usage while driving or driving in an inebriated state. The difference between a DUI and a DUID can be confusing. The two laws are very similar, but there are some essential differences.

Driving Under the Influence – California Vehicle Code Section 23152(a) – is typically used to describe driving under the influence of alcohol or drugs. 

Determining whether someone was intoxicated or “under the influence” often comes down to evaluating that person’s blood alcohol content (BAC). Ax expert Ventura DUI lawyer could represent you in court if you were arrested for DUI.

Driving While Intoxicated 

For an officer to legally detain you and give you a breath test, they must have had probable cause that you were driving drunk. According to David Cantor, an Arizona Drug Defense Attorney, if they do not have probable cause, the court will suppress any evidence obtained through the stop and detention at trial. 

The move violates the Fourth Amendment rights guaranteed by the United States Constitution, adds Cantor. 

Driving Under the Influence of Drugs

California Vehicle Code Section 23152(b) – also known as a DUID typically refers to driving under the influence of drugs but can be used about alcohol as well.

A DUID charge does not require an arrest or detention, nor does it require probable cause that a driver is intoxicated. This law provides police officers with a legal basis for stopping and testing drivers they reasonably suspect are impaired by drugs. 

The prosecution must still prove beyond reasonable doubt that drugs impaired the driver at the time of driving.

DUID vs. DUI: What’s The Difference?

Although many arrests for driving under the influence (DUI) also cover driving under the influence of drugs (DUID), there are essential differences between these two crimes.

A DUI conviction can significantly impact a person’s life, resulting in steep fines and possibly even jail time. Hence, hiring an experienced lawyer is critical if you’ve been charged with either type of offense – especially if this is your second or third offense within the past 12 years.

When to Seek Counsel?

If you have recently been arrested in Ventura and charged with DUI or DUID, you must immediately speak to a qualified attorney. These experts understand the legal system and can help you navigate the intricacies of the case.

You need someone who knows the ins and outs of the local court system and can help protect your rights throughout the entire legal process.

A qualified Ventura DUI lawyer can answer any questions you may have about your case while helping to ensure that all evidence is properly collected and processed following established protocols. 

The earlier a DUI attorney gets involved, the more likely you can minimize potentially incriminating information from being used at trial. And by thoroughly reviewing the circumstances of your arrest, it is possible to identify any mistakes made by law enforcement and build a strong defense on your behalf.

Wrapping Up

Your best chance at avoiding a lifetime criminal record starts with hiring an experienced DUI attorney as soon as possible after your arrest. Time spent preparing your case could make all the difference in court, so don’t hesitate to discuss your situation during a free initial consultation.


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