Drug DUI Lawyer in San Bernardino County

Arrested for Driving Under the Influence of Marijuana or Another Drug? We Can Help.

When most people think of DUI charges, they picture alcohol-related arrests. But in California, driving under the influence includes impairment from illegal drugs, prescription medications, over-the-counter drugs, and even marijuana. If you’ve been charged with a drug DUI, your freedom, driver’s license, and future are at risk.

Facing drug DUI charges in San Bernardino County requires skilled representation by criminal defense attorneys who understand how to navigate the unique challenges of drug-related charges in this jurisdiction. With evolving state laws and varying prosecutorial approaches across counties, having a firm that focuses on criminal defense in San Bernardino gives you a strategic edge.

Our DUI defense team stays updated on legal trends and court procedures specific to San Bernardino County courts, enhancing your chances of a favorable outcome for DUI offenses.

A DUI Defense You Can Trust

Whether it’s your first offense DUI or you’re facing misdemeanor or felony charges, every detail matters. From the moment of your DUI arrest, police actions and evidence handling can influence the result.

Our legal defense strategies include proactive steps like requesting early access to evidence, interviewing witnesses promptly, and preparing for possible DMV hearings that could impact your driving privileges. Clients trust our legal team because we offer comprehensive legal support rooted in experience with criminal cases and drug-related offenses.

Call Patrick Silva, Attorneys at Law, today at 909-500-4819 to schedule your free case review.

What Is Considered a Drug DUI in California?

A drug DUI (sometimes called “drugged driving”) occurs when a driver is impaired by any substance—legal or illegal—that affects their ability to safely operate a vehicle. This includes:

• Marijuana (THC)
• Illicit drugs (e.g., cocaine, methamphetamine, heroin, LSD)
• Prescription drugs (e.g., Valium, Vicodin, antidepressants)
• Over-the-counter (OTC) medications (e.g., antihistamines, decongestants, sleep aids)
• Medical marijuana, even with a valid card

California law doesn’t set a specific legal limit for drugs like it does for alcohol (0.08% BAC), which makes drug DUI charges more complex—and often more defensible.

How Do Police Detect Drug Impairment?

Unlike alcohol, drugs don’t have a universally accepted threshold for impairment. Police rely on a combination of tools, including:

• Field Sobriety Tests
• Drug Recognition Experts (DREs) who look for physical and behavioral signs of impairment
• Blood and urine tests, which can detect the presence of drugs but not necessarily prove impairment at the time of driving

This lack of clarity often works in your favor—especially when your lawyer knows how to challenge faulty procedures or inconclusive evidence.

Inaccurate test administration or physical conditions like fatigue or medical issues can result in false indicators of impairment. Our defense attorneys analyze dashcam footage and cross-examine Drug Recognition Experts to expose inconsistencies. In cases involving illegal drugs, testing procedures must adhere to strict chain-of-custody rules. Any deviation can become grounds to suppress evidence.

Marijuana DUI in California: What You Should Know

Even though recreational marijuana is legal in California, driving under the influence of marijuana is still a crime. If a police officer believes your driving is impaired by THC, you can be arrested—even if you only consumed a small amount or have a medical marijuana card.

Marijuana DUIs are charged the same way as alcohol DUIs:

• Misdemeanor charges for first-time offenses (unless injury or aggravating factors are involved)
• Penalties: Up to 6 months in jail, $1,000 in fines, and a license suspension of up to 10 months
• No “legal limit” for THC: Any amount may result in arrest if impairment is suspected

Field sobriety tests and chemical tests are often unreliable for marijuana, especially for frequent users. This gives your attorney an opportunity to challenge the accuracy of the evidence.

Because driving under the influence of marijuana lacks a defined legal limit, DUI lawyers in San Bernardino must focus on police conduct, testing flaws, and reasonable doubt. In addition, certain alternative sentencing options may be available for eligible individuals facing drug offenses, including participation in drug education programs or community-based diversion. Our law offices work with clients to identify these opportunities early in the process.

What Are the DUI Penalties for Drug DUI Convictions?

Whether your case involves marijuana, prescription medication, or other drugs, you could face serious consequences if convicted:

• County jail time (96 hours to 6 months for a first offense)
• Fines of up to $1,000 (plus court fees and DUI program costs)
• Driver’s license suspension (6–10 months or longer)
• A permanent mark on your criminal record
• Increased penalties for repeat offenses

Beyond the standard jail time, hefty fines, and license suspension, a DUI conviction can carry collateral consequences. Many clients face loss of professional licenses, immigration issues, being issued an ignition interlock device, or problems with security clearances.

If your DUI charges involve gross negligence or a child passenger, penalties increase dramatically, possibly resulting in state prison sentences. The best way to avoid these consequences is through an aggressive and personalized defense strategy developed by experienced San Bernardino attorneys.

Commonly Impairing Drugs and Their Effects

Different controlled substances impact drivers in different ways. Here are just a few examples:

Marijuana (THC)
Drowsiness, distorted perception, slower reaction time, paranoia

Cocaine
Overconfidence, agitation, confusion, erratic behavior

Methamphetamine
Insomnia, aggression, hallucinations, poor impulse control

Heroin & Morphine
Extreme drowsiness, slowed reflexes, disorientation

LSD
Hallucinations, impaired depth perception, altered mental state

Prescription Medications (e.g., Valium, Hydrocodone)
Sedation, dizziness, impaired concentration

OTC Drugs (e.g., antihistamines, decongestants, sleep aids)
Drowsiness, slower reaction times, blurred vision

Even herbal supplements and cold medicines can cause impairment. That’s why it’s critical to read drug warning labels and consult your doctor or pharmacist before driving.

The prosecution may attempt to link certain behaviors to specific drugs without expert support. However, these assumptions are often incorrect. Our firm brings in forensic experts who can challenge the reliability of blood concentration levels and dispute whether those levels indicate true impairment. This is particularly relevant in drug crime cases involving low doses of prescription medications. For clients facing felony charges, such expert testimony can be vital to securing a reduced sentence or full acquittal.

Defense Strategies We Use to Fight Drug DUI Charges

Our drug driving attorneys know how to dismantle weak prosecutions and flawed investigations. Some of the defense strategies we may use include:

• Illegal traffic stop – No probable cause for the initial stop
• Improperly conducted field sobriety tests
• Unreliable drug testing – Blood/urine tests don’t measure real-time impairment
• Medical conditions or other causes of symptoms
• Lack of evidence – No video footage, no corroborating witnesses
• Miranda rights or constitutional violations

In addition to challenging the prosecution’s evidence, we assess whether your constitutional rights were violated at any point during the stop, search, or arrest. Any misstep by law enforcement can lead to suppressed evidence or case dismissal. If you’re eligible for alternative sentencing, we advocate for solutions such as community service, rehab programs, or electronic monitoring to minimize disruption to your life.

What If You Refused a Drug Test?

Refusing a chemical test can lead to automatic license suspension for one year—even if you’re ultimately not convicted. However, we may be able to challenge the refusal if:

• You were not properly advised of the consequences
• You were coerced or confused about your rights
• The officer lacked probable cause to request the test

Should You Hire a San Bernardino Drug DUI Lawyer?

Absolutely. Drug DUI cases are more complex than alcohol-related cases, and the evidence is often far less reliable. When your freedom and future are on the line, you need a lawyer who knows how to challenge field sobriety tests, fight against questionable lab results, and negotiate reduced charges or case dismissals.

Hiring a San Bernardino DUI attorney early increases your chances of preserving key evidence and building a proactive defense. Our criminal defense firm understands how prior DUI convictions or drug charges can enhance penalties and influence judicial discretion. Whether your case involves misdemeanor charges or potential felony charges, we provide immediate guidance through a confidential consultation. From arraignment to trial, we are committed to representing clients with integrity and persistence.

Why Choose Our San Bernardino, CA Drug DUI Lawyer?

At Patrick Silva, we don’t treat you like a case number—we tailor every defense to your personal situation. Our firm is known for its thorough understanding of California DUI laws, especially in complex drug offenses. We’ve defended clients against everything from prescription drug DUIs to illegal drug DUI cases with aggravating circumstances. We proudly serve clients throughout San Bernardino County, advocating for reduced or dismissed charges whenever possible.

You don’t have to face the legal system alone. Our San Bernardino DUI lawyers offer a free case review to assess your unique situation. Whether you’re dealing with drug-related charges, prior convictions, or just want to avoid a permanent criminal record, we’re here to help. Schedule your confidential consultation today and let us protect your future.

• Decades of experience handling DUI and drug-related cases
• Aggressive defense in San Bernardino, Riverside, and Los Angeles Counties
• Free consultation to evaluate your case and legal options
• Compassionate representation focused on protecting your future

You deserve a defense that won’t back down. Call Patrick Silva, Attorneys at Law, today at 909-500-4819 to schedule your free case review. We’ll fight to keep your record clean and your life on track.