Los angeles defense attorneys

Drug DUI Lawyer in Los Angeles

Prosecutorial Insight. 75+ Years of Combined Defense Experience.

A drug DUI charge in Los Angeles isn’t the same as an alcohol DUI, and the prosecution’s approach is different too. California Vehicle Code 23152(f) makes it unlawful to drive under the influence of any drug, including illegal substances, marijuana, and prescription medications. Vehicle Code 23152(g) covers driving under the combined influence of alcohol and a drug. With over 75 years of combined experience defending clients against criminal charges across California, Stein & Markus handles both state and federal drug-related charges.

Drug DUI cases hinge on evidence that’s often more subjective than a breath test number, and knowing how prosecutors think is a real advantage when building a defense.

If you’re facing a driving under the influence of drugs charge in Los Angeles, call Stein & Markus now at (562) 512-7030 for a free consultation. We’re available 24/7.

Prosecutorial Insight Behind Every Defense

Founding partner Joseph A. Markus spent 33 years as a Deputy District Attorney for Los Angeles and Orange County. That background shapes how we approach drug DUI cases. We don’t just build a defense in isolation; we evaluate the evidence the way a prosecutor would before deciding how to challenge it. Knowing which weaknesses a skilled DA may try to paper over helps us find the ones worth pressing.

SCHEDULE A CONSULTATION

Request a Consultation Fill Out the Form Below to Get Started

First Name
Please enter your first name.
Last Name
Please enter your last name.
Phone
Please enter your phone number.

This isn't a valid phone number.
Email
Please enter your email address.

This isn't a valid email address.
Are you a new client?
Please make a selection.
How can we help you?
Please enter a message.
By submitting, you agree to receive text messages from Stein & Markus at the number provided, including those related to your inquiry, follow-ups, and review requests, via automated technology. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency may vary. Reply STOP to cancel or HELP for assistance. Acceptable Use Policy

What Counts as a Drug DUI in California

The category of substance doesn’t determine whether a charge is filed. Illegal drugs, prescription medications, and over-the-counter products like antihistamines or sleep aids can all support a drug DUI charge if they impaired the driver’s ability to operate a vehicle safely. A valid prescription isn’t a defense. Neither is the legal status of marijuana under California law. The only question the law asks is whether the substance impaired driving.

When both a drug and alcohol are involved, prosecutors charge the offense separately under Vehicle Code 23152(g), which can affect plea strategy and sentencing exposure.

What Happens After a Drug DUI Arrest in Los Angeles

Because breath tests don’t detect drugs, California’s implied-consent law generally requires a blood or urine test following a lawful arrest for suspected drug impairment. Refusing the test carries its own consequences under California law.

A drug-only DUI arrest doesn’t trigger the same automatic DMV administrative process as an alcohol DUI. A license suspension becomes relevant after a criminal conviction rather than at the time of arrest. Cases arising from arrests in the downtown Los Angeles area are typically first heard at the Clara Shortridge Foltz Criminal Justice Center, the central criminal courthouse for Los Angeles County Superior Court.

How Prosecutors Build a Drug DUI Case

Alcohol DUI cases rely on a numerical threshold: 0.08% blood alcohol concentration. Drug DUI cases don’t work that way. California has no per se limit for drug concentration in the blood, so the prosecution must prove actual impairment at the time of driving. That burden creates room for a defense.

To support that proof, officers may call in a Drug Recognition Expert (DRE), a specially trained officer who conducts a standardized evaluation covering eye examinations, vital sign checks, and pupil response under varied lighting. The DRE program originated with the Los Angeles Police Department in the 1970s and is now used nationwide. A DRE’s opinion carries weight in court, but the methodology behind it can be scrutinized.

Blood and urine toxicology results present a separate problem for prosecutors. A positive test shows that a drug was present in the driver’s system. It doesn’t show when the drug was used or whether it was causing impairment at the time of the stop. Many substances remain detectable for days or weeks after any impairing effect has worn off, and that gap between detection and impairment is central to how these cases are defended.

Continue Reading Read Less

How We Defend Drug DUI Cases in Los Angeles

We challenge every aspect of the prosecution’s case, starting at the beginning: Did the officer have reasonable suspicion to initiate the stop, and was there probable cause to make the arrest? If either answer is no, evidence gathered afterward may be suppressible.

Beyond the stop itself, DUID defenses often turn on the quality of the evidence. DRE evaluations follow a standardized protocol, but officers don’t always execute them correctly. Blood collection and storage procedures must meet specific requirements. Symptoms the officer attributed to drug impairment may have other explanations, including fatigue, a medical condition, or nervousness during the encounter.

Depending on the facts, a charge may also be negotiable. A reduction to a wet reckless (reckless driving with alcohol noted in the record) or a dry reckless (no substance reference) can carry fewer collateral consequences than a DUI conviction and may be appropriate when the evidence has significant gaps.

Talk to Stein & Markus About Your Case

We offer a free initial consultation to give you a clear picture of what you’re facing and how we’d approach your defense. We’re available around the clock, and we offer services in Spanish. Call Stein & Markus at (562) 512-7030 to get started today.

Penalties for a Drug DUI Conviction in California

A first-offense drug DUI is typically charged as a misdemeanor. A conviction can mean up to six months in county jail, fines generally ranging from $390 to $1,000 before penalty assessments are added, three to five years of probation, and mandatory completion of a DUI education program. The DMV can impose a license suspension following a conviction, and courts may require installation of an ignition interlock device on any vehicle the driver operates.

Penalties increase with prior DUI convictions within a 10-year period. Cases involving injury or multiple prior offenses can be charged as felonies, which carry substantially longer sentences and lasting consequences for employment and professional licensing.

Continue Reading Read Less

Why Choose Stein & Markus?

What Makes Us Different

Work with a Former Prosecutor
Our prosecutor turned defense attorney is ready to protect you!
Hablamos Español
Work with a criminal defense attorney who speaks your language.
24/7 Help Available
Whenever you need our lawyers, we're here to help you.

Our Satisfied Clients Read What They Say About Us

"Amazing work, I wouldn’t trust anyone else."
- Suzi S.

All Reviews