Drug DUIドラッグDUI

Drug DUI

If only drug(s) are involved (both legal and illegal), prosecutors will usually charge you with V.C. 23152(a), which does not specify a particular concentration level, just that you are “impaired” for purposes of driving. Impairment can be established by things such as bad driving, unsteady gait, nystagmus, poor performance on Field Sobriety Test(s)…etc.

DUI Penalties

PENALTIES FOR COURT CONVICTION OF DRIVING UNDER THE INFLUENCE ( VEHICLE CODE §23152 )

Minimum and maximum sentences with probation (3-5 years):

First Offense A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), up to 6 months in jail, and attendance in a 3, 6, or 9 month alcohol program. As a result of the court conviction, the DMV will suspend your license for 6 or 10 months, depending on the alcohol program ordered, but a restricted license may be requested. Additionally, you will receive 2 points on your driving record.

Second Offense within 10 years A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), a minimum of 4 days and up to 1 year in county jail, attendance in a 18 month alcohol program, and installation of an interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be requested with IID for 1 year. Additionally, you will receive 2 points on your driving record.

Third Offense within 10 years A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), a minimum of 120 days and up to 1 year in county jail, attendance in a 18 month alcohol program, and installation of an interlocking device for up to 3 years. As a result of the court conviction, the DMV will revoke your license for 3 years, but a restricted license may be requested with IID for 2 years. Additionally, you will receive 2 points on your driving record.

Fourth Offense within 10 years A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), a minimum of 180 days and up to 1 year in county jail, attendance in a 18 month alcohol program, and installation of an interlocking device for up to 3 years. As a result of the court conviction, the DMV will revoke your license for 4 years, but a restricted license may be requested with IID for 3 years. Additionally, you will receive 2 points on your driving record.

Contact

MAIN OFFICE
3810 Wilshire Blvd., Suite 2107, LA
E-MAIL
DUILAWYEH@GMAIL.COM
TELEPHONE
(213) 446-2495
WORKING HOURS
Mon-Sun: 8am – 8pm

Contact The DUI Specialist

Contact us

Drug DUI Defenses

DON'T ASSUME YOU HAVE TO PLEAD GUILTY

Unlike alcohol DUI, which alleges a specific concentration level of alcohol in your system at the time of driving (over which you are deemed ‘impaired’), in a drug DUI there is no such level alleged. One reason is that there are too many drugs out there, both legal and illegal, and the government isn’t very good at measuring how much of a particular drug is in a person’s body, let alone the time the person took the drug.

Which is why drug DUIs are often very defensible by a skilled DUI defense attorney. A lot of the defense involves not giving up pushing forward despite the prosecutor’s seeming unwillingness to change the initial offer. It is not hard to see how a prosecutor can have a weak case when it can’t even be proven when you took the drug; the fact is, some drugs, such as marijuana, can stay in your system days after you took it, and if no concentration level can be established, there cannot be a rational connection between “taking drugs” and “impairment” for purposes of driving.

In drug DUIs, it is more important than ever to exercise your right to remain silent. Because a lot of what the government cannot prove can be proven by your own mouth. For example, cops are trained to ask questions such as:

“When did you take this drug?”

“How much did you take?”

“Do you feel the effects?”

Police officers will also help themselves by writing all kinds of unfavorable observations about your physical appearance, demeanor, speech and, of course, performance of Field Sobriety Tests, because these things can help the prosecutor support the conclusion of “impairment” when scientific evidence is lacking. It takes a skilled DUI defense attorney to cross-examine the police officer(s) about these obviously biased observations.

Frequently Asked Questions

I just got arrested for a drug DUI and I wasn’t drinking. What can I do?

While the consequences of a drug DUI are largely the same as those of an alcohol DUI (less the DMV portion), drug DUIs are harder to prove, because there isn’t a specific concentration level that the state deems as impairment. Therefore it is even more important to fight the case in court

CONTACT USCall us today, e-mail us or leave a message

Get a free callback

    https://theduispecialist.com/wp-content/uploads/2022/01/jefflogo2-e1642739316237.png
    3810 Wilshire Blvd., Suite 2107, Los Angeles, CA 90010
    (213)446-2495
    DuiLawYeh@gmail.com

    Contact us:

    FREE CONSULTATION

    The Law Office of “The DUI Specialist” Jeff Yeh is proud to serve clients in all of Los Angeles, Ventura, Orange, San Diego, Riverside, and San Bernardino counties. The firm handles DUI and criminal cases in Torrance, Long Beach, South Bay, Downey, San Fernando, Santa Monica, Westminster, Santa Ana, Newport Beach, Hawthorne, Fullerton, Laguna Niguel, Alhambra, Hollywood, Yorba Linda, Redondo Beach, Manhattan Beach, Burbank, Pasadena, Santa Clarita, Valencia, Newhall, Whittier, West Covina, Calabasas, Garden Grove, Tustin, Foutain Valley, Anaheim, Inglewood, Buena Park, Cerritos, Lakewood, Los Alamitos, Bellflower, Norwalk, Chino, Carson, Redondo Beach, Orange County, Los Angeles County, San Diego County, Ventura County, Riverside County, San Bernardino County, El Monte, Manhattan Beach, Gardena, Compton, South Gate, La Puente, Pomona, Costa Mesa, San Clemente, Mission Viejo, Laguna Beach, San Pedro, Glendale, Beverly Hills, Culver City, Temple City, Westwood, Van Nuys, Woodland Hills, Encino, Sun Valley, La Canada, Altadena, Sierra Madre, Monrovia, Azuza, La Verne, Pomona, West Hollywood, Marina del Rey, Chatsworth, San Fernando, Orange, Placentia, La Crescenta, Corona, Bellflower, Rosemead, Montebello, San Dimas, Vernon, Monterey Park, San Gabriel, Diamond Bar, Sherman Oaks, Eagle Rock, Bel Air, Chino Hills, Brentwood, Simi Valley, Lancaster, Fontana, Riverside, Big Bear, Barstow, Indio, Murrieta, Blythe, and all other cities in Southern California.

    The information on this Los Angeles DUI Defense Attorney‘s / Lawyer’s website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. The only way to establish an attorney-client relationship with a criminal defense attorney or DUI lawyer is to sign a written retainer agreement and comply with its terms. 

    Copyright © Law Office of Jeff Yeh 2022