Practice Areas · DUI Defense
Drug DUI
San Diego DUI Defense
Drug DUI in San Diego
You can be charged with DUI in California for driving under the influence of drugs, including marijuana, prescription medication, or illegal substances. Unlike alcohol, there is no simple legal limit, so these cases often rely on officer observations and drug-recognition evaluations that can be challenged.
Blood testing, the timing of impairment, and the reliability of a drug-recognition expert are all areas Crudo Law examines closely to defend a drug DUI charge.
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By the Numbers
Drug DUI, by the numbers
55.8%1
of seriously or fatally injured U.S. road users tested positive for one or more drugs, including alcohol
NHTSA study of ~7,300 crash victims (N=7,279) at 7 trauma centers and 4 medical examiners, data collected Sept 2019-July 2021; 19.9% tested positive for two or more categories of drugs.
9442
people killed in drug-involved traffic crashes in California in 2020
Up 71.6% from 550 fatalities in 2011; drug-involved crashes made up 24.5% of all California traffic deaths in 2020 (a crash in which at least one driver tested positive for drugs).
10.5%3
one-year post-arrest crash rate for California drivers convicted of a drug-involved DUI
About twice the rate of the average licensed California driver. Drug-involved DUI offenders were about 2x as likely to crash and roughly 30% more likely to reoffend than alcohol-only DUI offenders (2014-2017 arrest cohort).
25-35%4
increased crash risk from driving soon after using marijuana, per California OTS
The same OTS campaign reports that in 2018, 42% of California drivers killed in crashes who were tested were positive for legal and/or illegal drugs.
71%5
of drivers view driving within an hour of using cannabis as dangerous, vs. 93% for driving over the alcohol limit
AAA Foundation for Traffic Safety 2025 Traffic Safety Culture Index, as reported by GHSA; illustrates a public perception gap around drug-impaired driving.
Frequently asked
Common questions
Can I get a DUI for prescription medication?+
Yes. If a medication impairs your ability to drive safely, you can be charged with a drug DUI even if the prescription is legal and valid.
How do they prove a drug DUI?+
Often through officer observations, field sobriety tests, a drug-recognition evaluation, and blood testing. Each of these can be challenged by an experienced attorney.
Related practice areas
Sources
- National Highway Traffic Safety Administration (NHTSA), Alcohol and Drug Prevalence Among Seriously or Fatally Injured Road Users (DOT HS 813 399) (2022). https://rosap.ntl.bts.gov/view/dot/65623
- California Office of Traffic Safety (OTS), 2022 California Impaired Driving Plan (2022). https://www.ots.ca.gov/wp-content/uploads/sites/67/2022/11/2022-CA-Impaired-Driving-Plan.pdf
- California Department of Motor Vehicles (DMV), Recidivism and Crash Risk Among California's Drug-Involved DUI Offenders (CAL-DMV-RSS-25-265) (2025). https://www.dmv.ca.gov/portal/uploads/2025/06/Recidivism-and-Crash-Risk-Among-Californias-Drug-Involved-DUI-Offenders.pdf
- California Office of Traffic Safety (OTS), Drug-Impaired Driving (Drugged Driving campaign) (2018). https://www.ots.ca.gov/media-and-research/campaigns/drugged-driving/
- Governors Highway Safety Association (GHSA), Drug-Impaired Driving (2025). https://www.ghsa.org/state-laws-issues/drug-impaired-driving
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