Drug DUI Fearless Defense Backed by 20+ Years of Experience

Drug DUI Defense in Sacramento

Drug DUI Defense Informed by 13 Years As a Prosecutor

Drug DUI cases hinge on evidence of impairment, not simply whether a substance was present in a driver’s system. At Law Office of Mathew Martinez, we represent clients throughout Sacramento County, drawing on more than 20 years in criminal law, including 13 years as a prosecutor.

California Vehicle Code 23152(f) makes it unlawful to drive while under the influence of any drug. A charge may involve cannabis, an illegal drug, prescription medication, or an over-the-counter product that allegedly affected driving ability. Vehicle Code 23152(f) is distinct from Vehicle Code 23152(g), which addresses driving under the combined influence of alcohol and drugs.

Call (916) 318-5142 to discuss your arrest with our Sacramento drug DUI attorney and get clear guidance on your next steps.

What California Must Establish in a Drug DUI Case

For a charge under California Vehicle Code 23152(f), the central issue is whether the drug impaired the person’s ability to drive. California doesn’t use a numeric threshold for tetrahydrocannabinol or other drugs comparable to the 0.08% blood alcohol concentration limit in alcohol DUI cases. A result showing a drug or its metabolites therefore raises different questions from an alcohol test.

Legal cannabis use doesn’t prevent prosecutors from filing a cannabis DUI charge when they allege impaired driving. The same principle applies when a person took prescription or over-the-counter medication legally and as directed. Legal use may explain why a substance was present, but the prosecution can still claim its effects made driving unsafe.

We assess the allegations, identify disputed evidence, and prepare for the direction the case may take. Attorney Mathew Martinez has conducted more than 60 jury trials, experience that informs our approach to protecting each client’s rights and future.

What Sets Us Apart

Free Consultations
We believe everyone deserves access to quality legal guidance, which is why we offer free consultations.
Trial-Tested Representation
With more than 60 jury trials under his belt, Attorney Martinez brings unmatched experience to every case, ensuring you're represented by a seasoned professional.
Strategic Approach
We believe in fighting for our clients with unwavering dedication and providing clear, strategic guidance every step of the way.
Aggressive, Experienced Defense
With 20+ years of experience, including 13 as a prosecutor, Attorney Martinez is known for his relentless, aggressive defense.

Put a Seasoned Trial Attorney on Your Side Decades of Proven Defense

With hundreds of hearings and over 20 years of experience, we know how to protect your rights. Contact us to discuss your case today.

What Happens After a Sacramento Drug DUI Arrest

A drug DUI arrest can create two separate proceedings: a criminal case addressing the charge and a Department of Motor Vehicles proceeding addressing driving privileges. California drivers arrested for DUI have 10 days from the arrest date to request a DMV Administrative Per Se hearing and challenge an automatic administrative suspension. Because the deadline begins on the arrest date, prompt review is important.

The criminal case proceeds through arraignment, pretrial proceedings, and, when necessary, trial. Felony and misdemeanor DUI cases in the county are handled by the Sacramento County Superior Court at the Tani G. Cantil-Sakauye Sacramento County Courthouse. We explain each stage, address questions about both proceedings, and maintain communication as the case develops.

How Drug DUI Evidence Is Evaluated

Investigations may rely on several forms of evidence rather than a single numeric test result. We review how each piece of evidence was obtained, what it indicates, and how prosecutors may attempt to connect it to impairment.

Common forms of drug DUI evidence include:

Officer observations: Driving behavior, speech, coordination, appearance, and responses during the traffic stop.
Field sobriety tests: Roadside exercises used to document balance, attention, and the ability to follow instructions.
Blood or urine testing: Chemical analysis that may identify a drug or drug-related compounds in the tested sample.
Drug Recognition Expert evaluations: Assessments by law enforcement officers trained to evaluate signs associated with suspected drug impairment.

Blood and urine testing differ from alcohol breath testing because California has no blood alcohol concentration-style impairment limit for drugs. Drug presence and drug-related impairment are separate issues under Vehicle Code 23152(f). Our analysis may address testing reliability, the basis for the officer’s conclusions, and whether the overall evidence supports the charge.

Drawing on Attorney Martinez’s prosecutorial background, we examine how the state may organize observations, chemical results, and witness testimony into its theory of the case. We then prepare a defense based on the specific evidence rather than assumptions drawn from a positive test alone.

Potential Penalties for a Drug DUI Conviction

A drug DUI is usually filed as a misdemeanor, but the charge and potential penalties depend on the circumstances of the arrest and the person’s prior DUI history. The consequences of a first DUI offense can include:

Fines from $390 to $1,000, plus penalty assessments.
A six-month license suspension, with a possible restricted license.
Completion of DUI school.
Informal probation for three to five years.
Up to six months in county jail.

A DUI can become a felony when it causes bodily injury. Felony treatment may also apply when the current offense occurs within 10 years of three or more prior DUI convictions, including qualifying out-of-state convictions and prior wet reckless pleas. A prior felony DUI conviction within 10 years can also elevate a later charge to a felony.

Get Clear Direction Before Your Next Deadline

We offer free initial consultations to discuss the arrest, the filed or anticipated charge, the DMV deadline, and the next steps in the criminal process. Virtual and video consultations are available, and we provide bilingual Spanish-language services.

Our contact page provides phone and contact-form options. During the consultation, we can review the circumstances surrounding the stop and explain how the criminal and licensing proceedings may apply to your situation.

Call (916) 318-5142 to speak with our Sacramento drug DUI attorney about your defense.

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“Straight, honest and concise.”
Matthew is a great lawyer who understands his client's needs. Took me on when everyone was trying to bring me down. Did not give embellished ideas. Was straight, honest and concise. You can not go wrong Matthew. Thank you sir if I could give you a hundred stars I would.

David M.
“I highly recommend attorney Mathew Martinez.”
I highly recommend attorney Mathew Martinez. He did everything he could to successfully represent me in court, and consequently, I was able to walk charge free due to Mr. Martinez's persistence. He is incredibly professional and dedicated, and as such, I highly recommend attorney Mathew Martinez.

Azul A.
“Matthew and his team are absolutely the way to go period.”
“I myself have worked in legal services for over a decade with my own profession licenses and I rarely if ever come across an individual with his level of caring, attention to detail, and expertise.”

Jeffrey H.
“Highly recommend.”
“His experience as a DA puts him ahead of all others. He is a good honest attorney that can be trusted.”

Dawn S.
“Honest, hardworking and responsive.”
I would recommend Matt to anyone without hesitation. He went above and beyond to help me in a time of need, ease my nerves about the process and work professionally.

Timothy M.
“Honest & reliable.”
“I wish there was option to give Mathew more than five stars because he truly deserves it.”

Lala G.

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