Drug-Impaired Driving Is Still DUI in San Jose
Too many drivers believe that DUI law only applies to alcohol — but that’s a dangerous misconception. In California, driving while impaired by drugs — whether prescription, over-the-counter, marijuana, or illegal substances — is just as serious a DUI offense as driving under the influence of alcohol.
What Counts as Drug-Impaired Driving?
If a substance affects your ability to drive safely, you can be charged with a DUI. Impairment may result from:
- Recreational drugs (including marijuana)
- Prescription medications
- Over-the-counter sleep aids or antihistamines
- Combination of drugs and alcohol
Even substances that are legal to consume can impair motor skills, judgment, reaction time, and perception — all critical abilities for safe driving.
“Drive High, Get a DUI” — What It Means
In recent years, California and national safety campaigns have emphasized the message “Drive High, Get a DUI.” This phrase reflects the growing awareness that marijuana and certain medications can impair driving, just like alcohol.
Unlike alcohol, there’s no universally defined “safe level” for drugs while operating a vehicle. Law enforcement evaluates impairment based on behavior, physical signs, and investigation, not just numeric thresholds.
How Drug DUIs Are Investigated
Officers use a combination of:
- Field sobriety tests
- Observations of behavior
- Drug recognition expert (DRE) evaluations
- Blood or toxicology tests
Drug impairment cases can be more complex than alcohol DUIs, because the signs of drug impairment are often subtler and the science more nuanced.
Common Misconceptions About Drug DUI
“It’s legal, so it’s safe to drive.”
Whether a substance is legal doesn’t matter legally if it impairs your driving.
“Medicines are okay because a doctor prescribed them.”
Prescription drugs can still impair driving — and the law doesn’t offer special protection just because the drug is medically necessary.
“I felt fine, so I must be ok to drive.”
Subjective feelings don’t determine impairment — performance and behavior do.
Penalties Are the Same as Alcohol-Related DUIs
If you’re convicted of a drug-related DUI in San Jose, you face the same legal consequences as with alcohol:
- License suspension
- Court-ordered programs
- Fines and fees
- Possible jail or probation
Penalties increase with subsequent offenses and can have lasting effects on employment, insurance, and personal freedom.
Avoiding Drug-Impaired Driving
The safest approach is simple: If you are impaired by anything — alcohol or drugs — don’t drive.
Plan ahead:
- Arrange a sober ride
- Use public transportation
- Stay overnight if necessary
Education and Awareness Matter
Drug-impaired driving often catches drivers by surprise because of misconceptions about impairment and legality. Awareness campaigns aim to inform drivers that impairment is impairment — no matter the source.
Facing a drug-related DUI charge?
The legal team at KnightJustice.com has experience handling complex DUI cases and defending clients’ rights. Contact us now for a free consultation and personalized defense strategy.
