Riverside Drug DUI Lawyer
In Riverside County, a Drug DUI is prosecuted under Vehicle Code 23152(f) with the same intensity as an alcohol related offense. However, the legal and scientific evidence in these cases is far more subjective. Whether your arrest involved marijuana, a prescription medication, or an illegal substance, the prosecution must prove that the substance actually impaired your ability to drive safely. This is a much higher burden than the simple 0.08% BAC standard used for alcohol.
At the Law Offices of Hart J. Levin, we provide a sophisticated defense for those facing drug DUI allegations. Hart Levin graduated at the top of his class at UC Berkeley and with honors from Loyola Law School. As a former Deputy District Attorney for Los Angeles, he has prosecuted thousands of cases and conducted over seven hundred preliminary hearings. He uses this deep procedural knowledge to find the gaps in the Riverside District Attorney’s case and protect your future.
The Subjective Nature of Drug Recognition Evaluations
Unlike alcohol, there is no roadside breathalyzer that can accurately measure drug impairment. Instead, Riverside law enforcement relies heavily on the testimony of a Drug Recognition Expert (DRE). This is an officer who performs a series of physical and clinical evaluations to form an opinion on whether you are under the influence.
These evaluations are notoriously prone to error. Factors such as fatigue, medical conditions, or even natural nervousness can be misinterpreted by an officer as signs of drug use. Because Hart Levin has seen these cases from the prosecution’s side, he understands how to cross examine these officers and expose the lack of scientific certainty in their findings. We look for inconsistencies between the DRE report, the initial traffic stop observations, and the eventual blood test results.
Defending All Types of Drug Impairment Allegations
Prescription and Over the Counter Medications
Many Riverside residents are surprised to find themselves facing criminal charges for taking their legally prescribed anxiety, sleep, or pain medication. Even if you have a valid prescription, the prosecution may argue that the medication made you an unsafe driver. Our firm works to demonstrate that your use was within therapeutic levels and that your driving was not impaired by the medication.
Marijuana and Cannabis DUI
With the legalization of recreational cannabis, Riverside has seen a surge in marijuana related DUI arrests. However, THC can remain in your system for weeks after use, long after the intoxicating effects have worn off. A positive blood test does not prove you were high while driving. We utilize toxicology experts to challenge the state’s timeline and argue that the presence of metabolites does not equal active impairment.
Why Choose the Law Offices of Hart J. Levin?
When you are facing a potential criminal record and a license suspension, you need more than a general practitioner. You need an attorney with specialized experience in the local Riverside courts.
Hart Levin’s career has been built on high stakes litigation. From serving as a consultant for courtroom dramas on NBC and Warner Bros to handling complex felony jury trials, he brings a level of polish and strategic thinking that is rare in criminal defense. We don’t just react to the prosecution’s moves; we take a proactive approach by conducting independent forensic reviews and filing motions to suppress evidence if your constitutional rights were violated during the stop.
Speak to an Expert Drug DUI Riverside Attorney
A Drug DUI charge requires an attorney who understands the science of toxicology and the mechanics of the Riverside legal system. Our team is available to begin your defense and help you navigate this challenging time.
Call 323-990-7252 or fill out our online form to schedule a case consultation. Our Riverside office is located at 3610 Central Ave, Suite 400 Riverside, California 92506.
Frequently Asked Questions
Will the DMV suspend my license for a Drug DUI?
In 2026, the DMV’s Administrative Per Se (APS) rules primarily target alcohol. However, if you are convicted of a Drug DUI in court, the DMV will issue a mandatory suspension based on that conviction. It is vital to manage both the court case and the DMV hearing simultaneously to protect your driving privileges.
Can I refuse a blood test in a drug case?
California’s implied consent law requires you to submit to a chemical test if you are lawfully arrested. Refusing a test in an injury or repeat offense case can lead to an automatic one year license suspension and can be used as evidence against you in court.
What is the difference between 23152(f) and 23152(g)?
Subsection (f) refers specifically to being under the influence of a drug, while subsection (g) refers to the combined influence of alcohol and drugs. Combined influence cases are often prosecuted more aggressively because the substances can enhance each other’s effects.
