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1. Penalties and Consequences for a Drug DUI If you are convicted of Misdemeanor Driving Under the Influence of Drugs in California and it is your first DUI conviction, you face up to six months in Jail. Vehicle Code Section 23152. Judges will usually grant Probation, put you in jail for anywhere from 48 hours to ten days or more, and order you to pay substantial fines and fees, and attend an alcohol and drug education class at your expense. If you are convicted for a second Misdemeanor Drug DUI within ten years of your first DUI conviction, you will face up to one year in jail. If you are convicted of Driving Under the Influence of Drugs a third-time, you will likely spend a very long time in jail or in Treatment Programs. A fourth DUI within 10 years is a Felony in California; if you are convcted of Felony Driving Under the Influence of Drugs, you face up to three years in State Prison. You can also be charged with a Felony DUI if you have an accident while Driving Under the Influence and someone is injured, even a first-time DUI, and if someone is killed because of your Drug DUI you could spend Life in prison. Understanding the potential legal consequences of a conviction as it applies to your specific case is essential when you are charged with a Drug DUI . 2. Elements of a Drug DUI All crimes have elements that the District Attorney (DA) must be able to prove to convict you. For example, in an Alcohol DUI the DA must be able to prove that you drove at a time when you blood alcohol level was .08 or higher, even if you're only pulled over for a tail light light being out or some other minor problem. In a Drug DUI the DA must not only be able to prove that you were under the influence of a drug or a controlled substance, but because you were under the influence you were "unable to drive a vehicle with the caution of an ordinary sober person." There must be some evidence of bad driving or impairment unlike an alcohol DUI. 3. Marijuana DUI If you are stopped by a law enforcement officer and he or she believes that you have been driving under the influence of Marijuana, you can be arrested and forced to provide a blood or urine sample. If Marijuana is detected in your system, and the District Attorney's (DA) Office believes that they can prove your driving was impaired because of the Marijuana, you will face DUI charges in Court. The DA usually prosecutes you using the officer's observations of your driving and behavior, and the testimony of an "expert" to opine about how high you were when you were driving. 4. Prescription Drugs DUI You can be prosecuted for a DUI in California if you are accused of Driving Under the Influence of Prescription Drugs, even though you have a valid prescription. The arresting officer will usually demand a blood or urine sample and that will be tested by a lab for the presence of drugs. The officer's observations of your driving and behavior and the results of the lab tests will be used against you in Court. The DA will still have to prove that you unable to safely operate your motor vehicle because of the Drugs. 5. Controlled Substances DUI You can prosecuted for Driving under the Influence of a Controlled Substance such as Cocaine, Methamphetamine, or Heroin. Additionally, if you are in Possession of a Controlled Sustance when you are arrested you will probably face additional Felony charges including drug possession, drug transportation, or possession of drugs for sale, depending upon the facts of your case. The DA will use the observations of law enforcement personnel, the results of any lab tests, and most likely an expert to prove that you were Under the Influence of a Controlled Substance. The DA will then also have to prove that your driving was impaired by the Controlled Substance to prove the Drug DUI. The DA will usually also allege that you are in violation of Health and Safety Code Section 11550 and if you are convicted of that charge you face a minimum of 90 days in jail and a maximum of one year. 6. Sentencing Options The Sentencing Judge in your Drug DUI is always faced with sentencing options in your case. Although it varies greatly from county to county, hard work in Rehabilitation Programs can often result in a better sentence or a better recommendation from the District Attorney's office. Similarly, many Courts will follow the Vehicle Code (some don't) and allow the substitution of a residential rehabilitation program instead of jail. If you are convicted of a standard Felony DUI the Judge can decide to either grant you Probation, or send you to State Prison for 16 months, two years, or three years depending upon your case and your history. If it turns out that you should resolve your case instead of fighting it, you should understand all possible ways to minimize your sentence. 7. Fight Your DUI There are many possible defenses to Driving Under the Influence of Drugs depending upon the specific facts of each case. For example, you may be able to fight the reason why you were stopped or arrested in the first place; you may have been arrested even though you weren't Under the Influence of Drugs when you were driving, or your driving wasn't impaired by drug use. There are often flaws in conclusions drawn by law enforcement, the methods used to determine whether someone is "impaired" by drugs, and the opinions of Prosecution Experts. If you do not want to plead guilty or no contest then you are entitled to a trial and you can either have a court trial (where a Judge decides if you're guilty - that's usually a bad idea), or a Jury Trial where twelve people from the community hear and see the evidence in your case and then decide whether your driving was impaired by drugs. 8. Why Hire a Lawyer An Experienced DUI Attorney can get you through the Court Process, and accurately assess the facts and evidence in your case (both good and bad), and then advise you about how to proceed. In many cases your attorney can argue for a lesser charge or, if you are charged with a Felony, can argue to reduce your case from a Felony DUI to a misdemeanor or a chance at Probation. If you are charged with having a prior DUI, your prior convictions can sometimes be set aside or stricken for purposes of sentencing and that can have a significant impact in how much jail you face. An experienced DUI Lawyer will also be able to advise you about treatment options and alternative sentencing in the County where you are prosecuted. Last but not least, an experienced DUI Defense Attorney can defend you in a jury trial if necessary. Hire a Lawyer. Call me today and schedule a free consultation to discuss your case. |
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| CAUTION! IF YOU OR YOUR LAWYER DOES NOT CALL THE DEPARTMENT OF MOTOR VEHICLES WITHIN 10 DAYS OF YOUR ARREST FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL, DMV WILL SUSPEND YOUR DRIVER'S LICENSE |
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