A drug DUI in North San Diego County is treated similarly to an alcohol DUI. Once someone is pulled over and the officer notices some impairment, if there is no alcohol in a breath test or there are other indications or statements concerning recent drug use, then the officer will want to take a blood test for drug analysis by the crime lab. If you do not consent to a blood test, the officer should get a warrant for the blood draw absent any exigent circumstance. The problem with refusing is the loss of license for a year for the refusal regardless whether there is alcohol or drugs in your system.
The officer generally goes through a drug recognition checklist including physical symptoms and field tests. The Crime Lab takes about three weeks to do the ananlysis and report to the District Attorney (D.A.) for filing. The lab reports not only state the type of drug in the sustem but also quantifies it. There are guidelines as to what levels impairment occurrs with various drugs. It is not as clear as alcohol guidelines. Impairment can occurr with prescription as well as illegal drugs. Blood is available for retesting by your own expert at your expense. Additionally you can get a second opinion as to impairment. There is no DMV .08 suspension regardless of conviction, but there is suspension which is curable with a restriction after conviction for DUI. If a plea is worked out to a lesser charge like “wet” reckless, there is no suspension.
Many times drug DUIs are more negotiable depending on the drug, levels, apparent physical impairment, driving and attitude with the officer in addition to the background and circumstances of the defendant. Contact an experienced Drug DUI defense attorney at Christoph Law Offices who have helped clients for over 30 years and 3000+ DUIs get the best possible resolution in their case. Call 760-941-5720 for a free consultation
