Driving Under the Influence of Drugs (VC 23152(f))

A drug DUI runs differently from an alcohol DUI from the roadside onward, and the difference matters to families waiting: there is no breath test and no legal limit, so these cases are built on observation, a specialist evaluation, and usually a blood draw.

What the statute covers

Vehicle Code 23152(f) addresses driving under the influence of any drug. Two points surprise people:

• It is not limited to illegal drugs. Lawfully prescribed medication can support a charge where it impaired the ability to drive with the caution of a sober person.
• There is no per-se limit. Alcohol has a numerical threshold; drugs do not. The question is impairment.

Vehicle Code 23152(g) addresses the combined influence of alcohol and a drug, which is charged frequently.

Why the night takes longer

Because there is no roadside number, these investigations often involve an evaluation by an officer trained in drug recognition and a blood sample. A blood draw generally requires a warrant or valid consent, and obtaining one takes time. The practical consequence: booking can be slower, so an empty inmate search during that window is normal — see not showing in the search yet.

Refusing a test has its own consequences — see DUI test refusal, including the 10-day DMV deadline that runs separately from the criminal case.

Cannabis after Proposition 64

Legal possession did not change impaired driving law. Driving under the influence of cannabis remains chargeable under 23152(f), and an open container of cannabis in a vehicle is separately prohibited — see cannabis after Prop 64.

What actually moves the bail figure

Not the substance, usually. The figure comes from the charge as booked, and what raises it is injury (see DUI causing injury), prior convictions (see DUI with priors), or an outstanding warrant found during booking. A probation hold from an earlier DUI is frequently the real obstacle, and no bond releases someone held on one.

Afterwards

Licence consequences run on the DMV’s track, and driving on a suspended licence is its own offence — see driving on a suspended licence. The car is often towed, with daily storage and a possible 30-day hold — see getting a car back after an arrest.

Working out the amount, and what can change it

The figure comes from the countywide schedule Penal Code 1269b requires each county’s judges to adopt and revise annually. A judge may raise bail under 1269c, a hearing may be required in serious cases under 1270.1, and under In re Humphrey (2021) 11 Cal.5th 135 a court must consider ability to pay before setting money bail that results in detention.

Local guides: Anaheim, Brea, La Habra, Fullerton, Buena Park, Yorba Linda and Tustin.

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Please note: American Freedom Bail Bonds is a licensed bail bond agency, not a law firm. Nothing here is legal advice and we cannot predict how any case will be charged or resolved. California bail license 1841014.