Several people understand that impaired driving is illegal, but few know that driving while addicted to drugs is similarly unlawful under Vehicle Code (VC) 23152(c). While this offense is uncommon, a VC 23152(c) violation conviction can attract severe and life-altering consequences even if you were not intoxicated at the time you were driving.

Hiring an attorney to help you understand what you are up against and the options available to avoid or minimize the potential consequences of this offense conviction is a decision you cannot regret. If you are arrested or charged with a VC 23152(c) violation and wonder what options are available to challenge the offense for a favorable outcome, this article is for you.

What It Means to Drive While Addicted to Drugs Under Vehicle Code (VC) 23152(c)

According to VC 23152(c), it is a crime for any person with a drug addiction or drug use disorder to drive a car unless he/she is in a court-approved drug or narcotic treatment program. A drug is a substance or a combination of several substances other than alcohol that could affect your brain, nervous system, and physical capability to drive a car cautiously like a sober person, including:

  • Illegal drugs like marijuana, cocaine, heroin, opium, and methamphetamine
  • Prescription drugs like Vicodin, codeine, and hydrocodone

The withdrawal symptoms of some of these drugs are too severe to the point that they can affect a driver's ability to pay attention on the road and prevent foreseeable accidents. That is true regardless of whether you are addicted to illegal or prescription drugs. Here are a few examples of drug withdrawal symptoms or signs that could impact your driving:

  • Irritability
  • Fatigue
  • Anxiety
  • Trembling
  • Seizures
  • Diarrhea
  • Nausea
  • Confusion
  • Runny eyes
  • Paranoia

Like any other impaired driving law, the primary purpose of VC23152(c) is to protect other motorists and pedestrians from drivers who are intoxicated.

Elements of the Alleged VC 23152(c) Violation

To secure a conviction against you for a VC 23152(c) violation, the prosecutor will bear the burden of proving the following elements of the crime to a jury or judge beyond a reasonable doubt:

You Were Driving a Vehicle

Like any other driving under the influence (DUI) offense, the prosecutor must prove that you were behind the wheel before your arrest. If you were in a parked or stationary car before your arrest on suspicion that you were driving while addicted to drugs, the court could dismiss the alleged violation.

At That Time, You Had a Drug Use Disorder

The prosecutor must further prove to the court that you had a drug addiction at the time you were behind the wheel. According to VC 23152(c), you are only a drug addict if:

  • You are physically dependent on the drug in question
  • You will experience withdrawal if you do not use it
  • You have a high tolerance to that drug's effect, meaning you need more potent or larger doses to feel high
  • You are psychologically dependent on that drug's effect, meaning you have a compulsive or obsessive need or urge to continue using it

These distinctions are critical because, unlike what most people believe, it is possible to develop marijuana addiction under this law when you begin using potent strains or concentrates to feel high. It is also worth noting that VC 23152(c) does not exempt alcohol because it is addictive, and its withdrawal symptoms can impact your driving skills.

If the prosecution team has sufficient evidence to prove these two elements of the crime, you will be guilty of driving while addicted to drugs.

Potential Penalties for a Conviction VC 23152(c)

If you are guilty of a VC 23152(c) violation, the court will schedule a sentencing hearing to determine your case's appropriate and fair sentence. At this hearing, the prosecutor and your attorney will be present.

The prosecutor will provide aggravating arguments and evidence on why you deserve harsh penalties for your conviction. Conversely, your attorney's job is to challenge his/her arguments and provide mitigating reasons why you deserve the minimum sentence possible.

The prosecutor will file a first, second, and third-time VC 23152(c) violation as a misdemeanor. However, fourth-time or subsequent offenses will attract a felony DUI, which carries harsher penalties. Below are the penalties for a first-time DUI, which also apply upon a conviction for a VC 23152(c) violation:

  • Three (3) to five (5) years of summary or informal probation
  • A fine ranging between $390 to $1000 plus penalty assessments
  • Six-month driver's license (DL) suspension
  • A jail term not exceeding six (6) months
  • Three-month of drug education classes, also commonly known as DUI school

Like any other DUI offense, a VC 23152(c) violation is priorable, meaning the above-listed penalties will grow harsher for subsequent DUI convictions. For instance, if you had a first-time DUI conviction on your record within the last ten (10) years, the prosecutor would pursue the allegations for a VC 23152(c) violation as a second-time DUI. A second-time DUI carries the following potential sentences:

  • Up to five (5) years of informal probation
  • Up to a $1000 maximum fine plus an additional penalty assessment of $1000
  • A mandatory minimum of 96 hours of jail to a maximum of one (1) year jail term
  • Attend a DUI school for up to thirty (30) months
  • Up to two (2) years of DL suspension

Parole Terms and Conditions After a VC 23152(c) Violation Conviction

Although not everyone qualifies for probation, a reliable attorney can convince the court to grant you probation instead of jail time upon a VC 23152(c) violation conviction. Probation is a favorable sentencing option, but you must abide by the court-set terms and conditions.

Otherwise, the court can revoke your probation and sentence you to the maximum jail time required for your conviction. The conditions to expect will vary depending on whether it is your first-time or subsequent VC 23152(c) violation or DUI conviction. Some of the most common DUI probation conditions to expect include:

  • Agree to not drive with any measurable amount of alcohol in your blood
  • Agree to install an ignition interlock device (IID) in your vehicle
  • Agree not to commit another crime while on probation
  • Agree to submit a DUI blood test or DUI breath test upon arrest on suspicion that you were drunk driving
  • Attend a DUI school for no more than thirty months
  • Agree to random alcohol and drug testing by the probation officer during the probation period
  • Perform community service
  • Attend and complete a drug and substance abuse class
  • Pay restitution to anyone with an injury (if you caused an auto accident)

To ensure your compliance with the set probation conditions, the court could also require continuous alcohol and drug monitoring using methods such as:

  • SCRAM (secure continuous remote alcohol monitoring) bracelets
  • Drug patches, which show all the drugs a parolee or probationer consumed and sweated out during probation

When unsure of the dos and don'ts while on probation, you should speak with your attorney because violating the abovementioned conditions could attract negative consequences. Generally, the severity of the consequences you will face for failing to adhere to the terms and conditions of your probation will depend on the seriousness of the violation.

For instance, if you violate your probation by failing to attend a drug substance abuse class on time, the court could give you a stern warning and reinstate your probation with the same conditions. Conversely, when the police arrest you on suspicion that you were drunk driving while on probation, the judge will likely revoke your probation and send you to jail for the maximum time required for your conviction.

Other Possible Long-Lasting Consequences of a VC 23152(c) Violation Conviction

After serving your jail time, completing probation, paying fines, and fulfilling all other obligations required by the court, a VC 23152(c) violation conviction could continue to impact several aspects of your life. Explained below are some of the possible negative implications of a conviction under this statute:

A Permanent Criminal Record

A VC 23152(c) violation conviction will result in a criminal record that the public can see during a background check. Examples of people that could conduct a background check on you include potential landlords, employers, and officials in charge of financial aid or loan applications.

That means a VC 23152(c) violation conviction could disqualify you when applying for a college scholarship, loan, employment, or apartment.

Loss of Professional License

A VC 23152(c) violation conviction could also cause you to lose your professional license, especially when you are a commercial vehicle driver. Additionally, you could also be at risk of losing other professional licenses, such as:

  • Medical license
  • Pilot license

Increased Auto Insurance Rates

A VC 23152(c) violation conviction can also increase auto insurance rates because your insurance provider will consider you a dangerous motorist and likely to cause accidents.

Increased Life Insurance Rates

Like a person who uses cigarettes, your life insurance could be more expensive after a conviction under this statute because your insurance provider will consider you a high-risk individual. That means you are more likely to sustain severe injuries or health issues due to your drug use disorder or addiction.

How to Challenge the Alleged VC 23152(c) Violation

There are many defenses an experienced DUI attorney could use to challenge the alleged VC 23152(c) violation to secure a favorable outcome, including:

     a. You Do Not Have a Drug Addiction

Everyone, including judges, understands that there is a grey area in determining who has a drug addiction and who does not. Casual or frequent drug use does not mean you have an addiction. The prosecutor presiding over your case must have the necessary evidence to prove to the judge beyond a reasonable doubt that you have a drug addiction for a VC 23152(c) violation conviction.

Otherwise, if your attorney can argue and provide evidence to prove to the judge that you do not have any drug addiction, you will not be guilty under VC 23152(c).

     b. You Were on a Drug or Narcotic Rehabilitation Program at the Time of the Arrest

VC 23152(c) makes it illegal to operate a car if you have a drug use disorder unless you are on a court-approved drug treatment program. That means your attorney can challenge the alleged VC 23152(c) violation by providing evidence to prove that you were on a drug treatment program at the time of your arrest for a desirable outcome.

     c. You Were Not Driving

For you to be guilty of driving while addicted to drugs, the prosecutor must prove that you were driving before your arrest. Arguing that your car was parked, meaning its engine was off, could work in your favor to obtain a favorable outcome on the alleged VC 23152(c) violation.

Frequently Asked Questions About a VC 23152(c) Violation

It is not uncommon for people under arrest or with pending VC 23152(c) violation charges to ask the following questions for a better understanding of the law and what to expect:

     a. Could I be at Risk of a VC 23152(c) Violation Conviction if I Have a Medical Marijuana Recommendation?

The most crucial element the prosecutor should prove to the judge or jury is that you have a certain drug addiction, not just that you often use this drug. That means it could be difficult for the prosecutor to prove this element if you only consume or use cannabis or marijuana as a recommended remedy for your medical condition.

The prosecutor will have a burden to prove that you have a marijuana addiction and are experiencing withdrawal due to this drug deprivation. If not, the court cannot convict you for a VC 23152(c) violation.

     b. Could I be Guilty Under VC 23152(c) if I Have a Valid Medical Prescription for the Drug I am Addicted to?

Yes. You cannot challenge the alleged VC 23152(c) violation by arguing with proper evidence that you have a valid prescription for the drug you are addicted to. This law's primary purpose is to prevent drug addiction's effects on a driver's physical and mental ability to drive cautiously.

     c. I am a Recovering Cocaine Addict, But I Still Experience Withdrawals Even Though I no Longer Use this Drug. Could I be Guilty Under VC 23152(c)?

When recovering from cocaine addiction, you can protect yourself from running afoul of the law by enrolling in a drug treatment program and carrying proof of participation when driving. As previously mentioned, those on a court-approved drug or narcotic treatment program cannot be guilty of a VC 23152(c) violation, even if they are addicted to the drug.

     d. Could I Qualify for an Expungement After a VC 23152(c) Violation Conviction?

Yes. The process of expungement under Penal Code (PC) 1203.4 allows you to have your DUI convictions removed from your record to avoid the detrimental consequences of a criminal record, including:

  • Challenges of securing reliable housing
  • Challenges of securing reliable employment
  • Challenges of securing professional licensing

Whether you were guilty of a felony or misdemeanor VC 23152(c) violation (fourth-time offense), you could qualify to have your criminal record expunged if:

  • You did not serve a state prison sentence
  • You served your time in state prison, but that was before the enactment of Proposition 47
  • You completed your probation successfully and adhered to the necessary court-ordered conditions

If you are still on probation for a VC 23152(c) violation conviction, your attorney can request early termination of the probation to begin the expungement process. The court could have a reason to terminate your probation early if your attorney can provide evidence to prove that:

  • You adhered to all the rules of your probation
  • You completed all the drug education classes ordered by the court
  • You have settled all the fines required for your conviction
  • This early termination of probation could help you advance at work or secure reliable employment

If the court agrees to expunge your VC 23152(c) violation conviction, you do not have to mention or list this conviction when asked whether you have a criminal record.

     e. How Do I Find a Reliable Attorney When Charged With a VC 23152(c) Violation?

Being charged with a VC 23152(c) violation or any other crime can be emotional and stressful, but it does not mean a conviction is inevitable. With a dependable attorney, you could convince the judge or jury to dismiss or reduce the alleged VC 23152(c) violation to a lighter offense, carrying less severe consequences.

However, how do you find a reliable attorney? Listed below are helpful factors to consider when finding a dependable DUI attorney to help you obtain the best possible outcome on the alleged VC 23152(c) violation.

  • Consider the attorney's location
  • Consider the attorney's accessibility and availability
  • Consider the attorney's qualifications and experience
  • Consider the attorney's licensing credentials
  • Consider the attorney's communication skills

These factors could reduce your options in this industry with several mediocre experts to find a reliable attorney without hassle.

Find a DUI Attorney Near Me

At Los Angeles Criminal Attorney, we can review the facts of the alleged VC 23152(c) violation to determine and prepare suitable defenses to help you obtain a favorable outcome. Call us at 424-333-0943 to discuss the details of your case with our understanding DUI attorneys as soon as possible.