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Attorneys William R. Christoph & Nicholas W. Christoph

Does a DUI Drugs have a DMV hearing issue like Alcohol?

On Behalf of | Jul 17, 2014

DUI drugs do not have a DMV hearing issue if there is no alcohol involved or the alcohol level is under .08 for adults.  There may still be DUI charges but your license is not taken at the scene and there is no automatic suspension of your driving privilege in 30 days unless you set a hearing.  You still may have a license suspension depending on the resolution of your court case, but there is no additional DMV suspension proceeding as there is with alcohol.  That is why your license is not taken at the scene and you are not given a pink slip temporary.

If you are convicted of a DUI then there is a suspension depending on the conviction, not the alcohol level.  Drug DUI cases are not as prevalent as the alcohol DUIs, and have other issues as to blood levels whcih impair a person so they no longer drive with the same care and caution as a sober person.  There are many different types of drugs and each is somewhat unique, there are some general guidelines but the science and empirical data is not as developed as alcohol based impairment.  Now, with the advent of legalized marijuana, illegal and prescription drugs, more research and data is becoming avaialbale, but it is still a developing area.  You can still be DUI with a legal prescrition drug if you are impaired.

Many times, lesser charges may be worked out through negotiations for a DUI drugs depending on the issues like dangerousness of the driving, field sobriety test results, objective symptoms, blood drug levels etc.  Contact Christoph Law Offices at 760-670-3885 for a free consultation concerning drug and alcohol DUI cases.  Having handled over 3,000 DUIs, including many drug DUIs, misdemeanors and felonies, over 32 years across from Vista Courts, we can help you get the best resolution in your case.



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