DUI of Methamphetamine (Meth) – A Legal Guide

California Vehicle Code 23152(f) prohibits driving under the influence of drugs (DUID).

“Drugs” are defined as any substance other than alcohol that could affect your nervous system, brain or muscles. They include

• prescription,
• over-the-counter, and
• illegal drugs.

You drive under the influence of drugs when drugs impair you so that you can no longer drive like a sober person under similar circumstances.¹

Below we discuss DUI of methamphetamine in California. Click on a topic to jump to that section.

• 1. How Meth Impairs
• 2. Traffic Stops and Arrests
• 3. Penalties
• 4. Defenses
• Additional Resources

1. How Meth Impairs

Methamphetamine — also called meth, crystal, crystal meth, speed, blow, rock, tina, chalk, ice, glass, and crank — is a nervous system stimulant.²

In the United States, methamphetamine is legally used to treat attention deficit hyperactivity disorder (ADHD).³ It is also prescribed, although more rarely, to treat obesity.⁴ Most methamphetamine in California, however, is illegally produced.⁵

Historically, methamphetamine has been used in improving athletic performance and endurance, to help truckers complete their long hauls without falling asleep.⁶ It was used by both Allied and Axis soldiers as an “alertness aid” during World War II.⁷

It may seem odd that something used to improve performance and alertness could actually impair driving. However, methamphetamine can cause side effects that may impair your thinking or reactions.

Meth Symptoms

In small amounts, methamphetamine can cause:

• increased wakefulness,
• increased physical activity,
• increased respiration,
• rapid heart rate,
• irregular heartbeat,
• increased blood pressure, and
• hyperthermia [excessive body heat].⁸

When abused, methamphetamine can also cause:

• anxiety,
• confusion,
• insomnia,
• mood disturbances,
• violent behavior,
• paranoia,
• hallucinations, and
• delusions (for example, the sensation of insects crawling under the skin).⁹

DUI of Meth

Because of its potential for adverse effects, methamphetamine could impair your ability to drive a vehicle in a reasonably prudent manner. As such, it qualifies as a drug for purposes of Vehicle Code section 23152(a).¹⁰

2. Traffic Stops and Arrests

If your driving patterns suggest you may be intoxicated, a police officer has “probable cause” for a DUI traffic stop.

The officer will pull you over and ask for your license and registration. They will ask you some questions, such as whether you have been drinking or using drugs. The officer will be looking to see if you:

• are confused,
• fumble, or
• otherwise seem mentally or physically impaired.

Pre-Arrest Tests

The officer may ask you to take some field sobriety tests (FSTs). They may also ask you:

• to blow into a preliminary alcohol screening (PAS) breath testing device and/or
• to submit to a mouth swab test looking for the presence of drugs.

Unless you are under 21¹¹ or on DUI probation,¹² these pre-arrest tests are optional. There is no penalty for declining to take them.

If you perform poorly on the FSTs — or if you decline to take them but the officer nevertheless has reasonable suspicion that you are DUI — you may be arrested.

Post-Arrest Tests

If you are arrested for a DUI, you must submit to a “chemical test” if asked.¹³ This is so whether or not you took the PAS breath test.

When driving under the influence of drugs (DUID) is suspected, you may initially be given the choice of a DUI breath test or DUI blood test.¹⁴ However, even if you choose a breath test, you may also be required to submit to a blood test if the officer has a clear indication that it would show the presence of drugs.¹⁵

The presence of methamphetamine could be clearly indicated by such things as:

• your admission to having used methamphetamine or other drugs;
• objective physical symptoms such as agitation and dilated pupils;
• a PAS test that indicates little or no alcohol in your system; and/or
• the presence of drug paraphernalia, such as a meth pipe, in your car.¹⁶

Test Refusals

You may not refuse to take a post-arrest test for drugs. Refusal to take a California DUI chemical test will result in:

• the immediate suspension of your license, and
• a fine and extra jail time if you are ultimately convicted of DUI.¹⁷

3. Penalties

DUI of drugs is generally a misdemeanor in California. Penalties are the same as for any other DUI offense.

For a “typical” first-time misdemeanor DUID conviction, these can include:

• 3 to 5 years of DUI probation;
• fines (starting at around $1,800),
• completion of a three-month California DUI school,
• suspension of your driver’s license, and
• a possible jail sentence, depending on your prior record (if any) and the circumstances.

Felony DUID

DUID may be charged as a felony if:

• it is your fourth or subsequent DUI offense,
• you have a prior felony DUI conviction, or
• your driving resulted in an accident that injured a third party.

Punishment for felony DUI can include time in the California State Prison.¹⁸

For more information on punishment for DUID, please see our article on California DUI Penalties.

4. Defenses

If you or someone you know has been arrested for a California DUI of methamphetamine, do not panic.

Remember — unlike alcohol, drugs do not have a pre-determined legal limit. Even if you are found to have methamphetamine in your blood, prosecutors must prove beyond a reasonable doubt that it actually impaired your driving.

In addition, the police must follow strict procedures during every step of the:

• traffic stop,
• arrest and
• chemical testing.

Your California DUI defense attorney will discuss with you the best legal strategy for your case. Some common legal defenses to DUID include (but are not limited to) the following.

There Was No Probable Cause for the Traffic Stop

Other than at DUI sobriety checkpoints, police must have “probable cause” for a DUI traffic stop. This means they must actually observe you committing a traffic violation or driving unsafely.

Otherwise, a stop might violation your Fourth Amendment constitutional right against unreasonable searches and seizures.¹⁹ If it does, your DUI case should be tossed.

Your DUI Chemical Testing Was Not Conducted According to Procedures

Title 17 of the California Code of Regulations sets forth procedures that must be strictly adhered to during chemical testing. If even one step was improperly followed, your blood, breath or urine sample could have been contaminated.

You Used Methamphetamine, But It Did Not Impair Your Driving

Just because you had drugs in your system, it does not necessarily mean that you were under their influence so as to constitute a DUI. Other physical conditions — such as exhaustion or anxiety – could have caused your impairment.

Or maybe you were not impaired at all. Remember — the prosecutor must prove beyond a reasonable doubt that:

1. your driving was impaired, and
2. your impairment was caused by methamphetamine.

One important note of caution: It is also a crime in California to drive while addicted to a drug (Vehicle Code 23152(c) VC). Addicted driving is considered a form of California DUI and carries DUI penalties.

Prosecutors rarely charge people with driving while addicted to a drug. Though if you are caught driving with meth in your system and argue that you were not impaired in spite of this, a zealous prosecutor could try to make the case that you broke the law by driving while addicted.

There Was Another Explanation for Your Bad Driving

While the police like to think that all bad drivers must be DUI, we know this is not the case. Sometimes people weave or drive erratically because they were momentarily distracted. For instance, perhaps you were:

• eating,
• changing the radio station,
• trying to pick up something you dropped,
• making a phone call, or
• talking to someone else in the car.

While these activities may subject you to other vehicle code infractions,²⁰ they do not constitute DUI.

Additional Resources

If you are struggling with substance abuse addiction, you can find help here:

• Narcotics Anonymous (NA) – A 12-step program to overcome drug addiction.
• Substance Abuse and Mental Health Service Administration (SAMHSA) – 24/7 treatment referral service.
• Recovery Centers of America – Treatment centers in seven states.
• SMART Recovery – Group therapy for young people struggling with addiction.
• Partnership to End Addiction – Information on how to find drug addiction treatment.

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