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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Does a Vista Drug DUI Arrest Result in a License Suspension?

A Vista Drug DUI does result in a suspended license by DMV which is triggered by the conviction.  If there is less than a .08 blood alcohol (B.A.) level and the arrestee is 21 or older, there should NOT be a DMV suspension from the initial stop like for a .08 B.A. or more.  The problem is that reasonable suspicion of drug use allows the officer to demand a blood test for analysis and it takes 3 weeks for the crime lab to get results.  So the officer serves the pink sheet Notice of Suspension and Temporary license on the arrestee because he does not know and suspects a .08 B.A. level or more and or drugs.  To challenge the suspension, it requires setting a hearing by calling DMV within 10 days.

DMV may pick up the fact that the there is no .08 or more blood alcohol level and delete any pending suspension.  By setting the hearing, you gurantee there will be no erroneous suspension for a .08 B.A. or more.  The .08 B.A. or more suspesnion from the initial stop is regardless of whether a deal is made for a lesser charge in the criminal Court case.  If there is a plea to a VC 23152(a) driving under the influence of alcohol and/or a drug, that suspension is immediately curable with a restriction and no mandatory 30 day waiting period on a first DUI.

Vista Drug DUIs have issues that an alcohol offense does not have.  Call Christoph Law Offices for a free consultation to discuss your drug or alcohol DUI.  We have been directly across from Vista Courts for over 30 years and handled over 3000  DUIs, felonies and misdemanors, alcohol and drugs.

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Member: San Diego Bar Association, North County Bar Association, American Bar Association, California Attorneys for Criminal Justice
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