According to the California Vehicle Code Sec. 23152, it is illegal for anyone who is under the influence of alcohol, or the combined influence of any alcoholic beverage and drugs to drive a motor vehicle. It is also illegal for anyone who is addicted to drugs to drive unless that person is participating in a narcotics treatment program.
The State of California treats drugged driving the same as driving under the influence of alcohol. Either a prior drugged driving or prior alcohol conviction will be counted as a prior offense. The penalties that apply to DUI apply to drugged driving as well, gradually increasing depending on the number of prior convictions on a person’s criminal record.
1st offense- 48 hours to 6 months in County jail, DUI courses can be 3-6-9 months
2nd offense- 96 hours to a year in County Jail, 18 month DUI course
3rd offense- 120 days to 1 year in jail, 3 year revocation no restricted license
Unlike PAS and chemical testing for alcohol, there are no BAC considerations for drugged driving. Every case is taken individually and is up to the discretion of the prosecutor. California drugged driving law defines a drug as any prohibited chemical substance regulated by the government. Medical marijuana is not excluded from the list of illegal chemical substances when it comes to drugged driving. Schedule I and II drugs such as marijuana, methamphetamine, and cocaine are the leading drugs found in California drugged driving arrests. The complete list of drugs can be found on the Drug Enforcement Administration website located at . Once arrested and in custody, drivers suspected of drugged driving are required under California’s implied consent rule to undergo blood and urine testing.
Just because marijuana has been legalized in California doesn’t mean that you can use it and drive under its influence. Drugged driving includes marijuana and you could face the same, severe, life-altering consequences as that of a DUI conviction. Don’t assume that police will not arrest you if they suspect that you are high while driving. If you are pulled over under the suspicion of drugged driving, remember to exercise your Fifth Amendment right to remain silent and to have an attorney present when you are in custody to answer all question for you.
http://dui.drivinglaws.org/resources/californias-drugged-driving-law.htm
