Drug DUI吸毒後 開車

Drug DUI吸毒後 開車

如果抽血驗出來有毒品或藥物(合法與非法都算)、檢查官會以加州法條 VC 23152(a) 起訴駕車者。這項法條沒有設定有罪/無罪的血精濃度(BAC). 檢察官得證明的是駕車者能不能安全的開車。譬如說、駕車者開車不良(超速、低速、撞車、搖擺…etc.), 或 FST 表現不好、或警察觀察後覺得此人有受到毒品/藥物的負面影響。當然、很多被抓的人、血驗出來不只有毒品/藥物、也有酒精。這不但能幫助檢查官證明駕車者不能夠安全的開車、駕車者也可能同時遭到加州法條 VC 23252(b) 的形式起訴。

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.

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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?”

The investigating/arresting officer who writes the police report is often not a trained DRE (Drug Recognition Expert), so their observations and conclusions often lack a scientific basis.

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

If I was arrested for a drug DUI, do I have to request a DMV Hearing within 10 days?

A DMV Hearing is only triggered when alcohol is involved in a DUI.

If I was arrested for DUI with both drugs and alcohol, but the alcohol was under 0.08%, do I still need to request a DMV Hearing?

When alcohol in any amount is involved, it is always safer to request a DMV Hearing, since the BAC level that would trigger a DMV Hearing varies. For example, if you are under 21 or are on prpbation for a DUI, even a 0.01% reading would trigger the DMV.

If I was arrested for a Drug DUI with no alcohol involved, but I refused the blood test, will there be DMV consequences?

Potentially. Normally any kind of refusal will trigger the 10 day rule for requesting a DMV Hearing. However, if prior to the refusal a brethalyzer (ie. PAS) showed your BAC was 0.00%, then no DMV Hearing would be required. However, it is always safer to request a hearing, since you will likely not know the contents of a police report within 10 days of your arrest.

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