Proposed Bill Aims to Include Schedule I, II, III, and IV Drug Use during DUI and DWI Arrests: MacGregor & Collins DUI Lawyers Take Issue

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According to NBC Los Angeles, a new bill may become law that would make it unlawful for any person to operate a motor vehicle if their blood contains any detectable amount of Schedule I, II, III, or IV drugs included in the California Uniform Controlled Substance Act, unless the driver was using the drug in accordance with their prescription. MacGregor & Collins, LLP, Orange County DUI lawyers, take issue with the new law as it may lead to DUI convictions by drivers who were not impaired at the time of their arrest.

Orange County DUI Lawyers
Basing a driver’s intoxication levels on their blood alcohol content may be useful for some substances, but for others, the results can be very misleading.

According to NBC Los Angeles, a new bill may become law that would make it unlawful for any person to operate a motor vehicle if their blood contains any detectable amount of Schedule I, II, III, or IV drugs included in the California Uniform Controlled Substance Act, unless the driver was using the drug in accordance with their prescription. MacGregor & Collins, LLP, Orange County DUI lawyers, take issue with the new law as it may lead to DUI convictions by drivers who were not impaired at the time of their arrest.

The bill, introduced by Senator Correa, is an act to amend Sections 23153 and 23152 of the California Vehicle Code. Although existing law prohibits driving under the influence of any drug or alcoholic beverage, previous laws left little clarification to assist law enforcement during prosecution. This bill clarifies what types of drugs would be considered a DWI violation and the way in which they can identify the driver’s use of these substances, via his or her blood.

The Bill, SB 289, is currently sponsored by the California Police Chiefs Association, the California Narcotics Officers Association, the California State Sheriffs Association, and the International Faith Based Coalition said Damon Conklin, press secretary for Correa’s office.

Although law enforcement agencies are showing their support, some California DUI Lawyers believe the bill has the potential to lead to false DUI arrests and/or convictions. “Basing a driver’s intoxication levels on their blood alcohol content may be useful for some substances, but for others, the results can be very misleading. For prescribed Marijuana users, this bill could lead to a number of arrests, even if the driver has not used Marijuana in several days. Marijuana has been known to be detectable long after its use, which could result in charges for DWI even though the driver had not used their prescribed Marijuana for days or even weeks,” said Randy Collins, DUI Attorney.

“Intoxicated driving is a serious problem which will require regulation and law enforcement, but we do not feel that bills like SB 289 are the best way to decrease offenses and injuries that arise as a result of those who drive while intoxicated,” said Attorney Collins.

About MacGregor & Collins, LLP

MacGregor & Collins, LLP is a Newport Beach based DUI and DWI law firm. Its criminal attorneys have worked with countless alleged offenders to obtain favorable case outcomes for the majority of their clients. In addition to DUI and DWI defense, their attorneys assist those who are facing charges for burglary, domestic violence, rape, and other offenses.

For more information about MacGregor & Collins, LLP, or to take advantage of their free professional case evaluation, call 949-250-6097 to reach an experienced legal professional.

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