Drug DUI Lawyer in San Jose
VC 23152(f) Defense from a San Jose Attorney Who Started His Career on a DUI Team
A drug DUI charge under California Vehicle Code 23152(f) is legally distinct from an alcohol DUI. There’s no numeric threshold the prosecution can point to. Instead, they must prove actual impairment through subjective evidence that can be challenged. That difference matters, and it shapes everything about how a defense is built.
Nick Cvietkovich started his legal career on a dedicated DUI team at the Placer County Public Defender’s Office, where he won his first DUI trial. He’s a member of the California DUI Lawyers Association and brings that background to every drug DUI case we handle in San Jose and throughout Santa Clara County. Our firm has handled more than 4,500 cases.
If you’re facing a drug DUI charge in San Jose, don’t wait. Call (408) 898-9770 to schedule your free consultation with Law Offices of Thomas Nicholas Cvietkovich.Why Drug DUI Cases Are Fought Differently
Under VC 23152(f), it’s a crime to drive under the influence of any drug that impairs your ability to operate a vehicle safely. Unlike an alcohol DUI, there’s no legal limit, no 0.08% line the prosecution must prove you crossed. The charge can follow any substance: marijuana, a prescription painkiller, a sleep aid, or a combination of drugs and alcohol under VC 23152(g).
Because there’s no per se standard, the prosecution’s case typically rests on a Drug Recognition Expert (DRE) evaluation, officer field observations, and blood or urine test results. A DRE is a law enforcement officer trained to assess drug impairment through a standardized 12-step protocol. These evaluations involve judgment calls, and blood tests detect drug presence, not necessarily impairment at the time of driving. THC, for example, can remain detectable in blood for days or weeks after use, long after any impairing effect has passed.
Local Knowledge & Direct Attorney Attention
Nick is a 6th-generation San Jose resident. He graduated from Santa Clara University School of Law, interned with the Santa Clara County Public Defender’s Office, and has appeared regularly in Santa Clara County Superior Court. That familiarity informs how we approach these cases, from the arresting agencies involved to how the county crime lab processes blood evidence.
As a small firm, Nick handles your case directly rather than passing it to an associate. He’s recognized by Super Lawyers in 2024 and 2025 and listed by Expertise as a Best Criminal Defense Attorney in San Jose. He’s also a member of the National Association of Criminal Defense Lawyers and the Santa Clara County Bar Association.
Substances, Strategies, & What to Expect
Substances That Can Lead to a Charge
VC 23152(f) applies broadly. Any of the following can trigger a drug DUI charge in California if they impair a driver’s ability to operate a vehicle safely:
- Marijuana and cannabis products
- Prescription opioids such as Vicodin and OxyContin
- Benzodiazepines such as Valium and Xanax
- Sleep aids such as Ambien
- Methamphetamine, cocaine, heroin, and fentanyl
- Antidepressants and other prescription medications
- Over-the-counter medications that cause drowsiness
A valid prescription isn’t a complete defense. If a drug impaired your ability to drive safely, the charge can still stand regardless of whether the medication was legally prescribed. VC 23152(g) separately covers situations where a combination of alcohol and a drug caused impairment, even if your blood alcohol content was below 0.08%.
Defense Strategies in Drug DUI Cases
Drug DUI cases are fact-intensive, and the right approach depends on the specific evidence the prosecution intends to use. Several avenues are worth examining in almost every case.
We scrutinize the circumstances of the initial traffic stop. If the officer lacked reasonable suspicion to pull you over, a motion to suppress evidence may be viable. We also evaluate whether the arresting officer held valid DRE certification and followed the 12-step protocol correctly. Errors in that process can undermine the weight of the officer’s conclusions.
Blood test evidence gets careful review as well. In Santa Clara County, blood samples are typically analyzed by the Santa Clara County Crime Lab. We examine chain of custody, storage conditions, and laboratory handling for errors, and we may request an independent retest of a preserved sample. Medical conditions including anxiety, fatigue, or certain neurological conditions can also mimic signs of drug impairment during a field evaluation, which is worth addressing when the facts support it.
Penalties & Long-Term Consequences
A first-offense drug DUI under VC 23152(f) is typically charged as a misdemeanor. Potential consequences include 96 hours to 6 months in jail, fines ranging from $390 to $1,000, license suspension, probation of 3 to 5 years, and mandatory drug education or treatment programs. The charge becomes a felony when a driver caused injury to another person, has a prior felony DUI conviction, or has three or more prior misdemeanor DUI convictions.
A DUI arrest in California also triggers two separate proceedings. The criminal case moves through Santa Clara County Superior Court, while the DMV Administrative Per Se hearing runs on a parallel track. You have 10 days from your arrest to request that DMV hearing. Miss that window and the license suspension becomes automatic.
The consequences reach beyond fines and court dates. A drug DUI conviction appears in background checks and can affect employment, professional licensing, housing applications, and immigration status. In San Jose’s technology and government contracting sectors, where security clearances and employer background checks are common, a criminal record can carry significant long-term professional consequences.
Steps To Take
After Drug DUI
Start with a Free Consultation
If you’ve been arrested for a drug DUI in San Jose or anywhere in Santa Clara County, time is a factor. The 10-day DMV deadline runs from your arrest date, and early case review can give us more options for building your defense. We offer free initial consultations so you can understand where you stand before making any decisions.
At Law Offices of Thomas Nicholas Cvietkovich, Nick handles each case personally. You won’t be handed off to a junior attorney. Call (408) 898-9770 or schedule your consultation online today.
At the Law Offices of Nick Cvietkovich, we understand that good people sometimes find themselves in tough situations. A DUI charge does not have to ruin your life. Our San Jose DUI attorney can help you defend yourself against drunk driving charges.
“Some things are worth more than money. My family and I owe Mr. Cvietkovich way more than he charged which was extremely reasonable. I give 5 stars for Mr. Cvietkovich.”
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