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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Are Drug DUI Cases treated different than Alcohol?

Drug DUI cases are treated a little different than alcohol cases.  If you are arrested for a “Drug DUI” and there is no alcohol, the law enforcement officer should not take your California licenase at the time of arrest nor should they issue a pink sheet suspension notice and 30 day temporary license pending a suspension.  That proceedure is limited to alcohol violations, however, if there is a conviction for a Drug DUI, then there is a suspension the same as there would be for an alcohol DUI.

It is illegal to drive while impaired by any drugs, regardless whether they are prescription, legal or illegal drugs.  The levels of impairment and type of impairment varies with the type of drug used.  Some drugs should not be taken with the use of alcohol as the combination may cause significantly greater impairment then either used alone.  The guidelines are not as defined as alcohol as to what levels impairs driving to such a degree that you no longer have the ability to drive with the same care and caution as a sober person under similar circumstances.  There is not the  significant empirical data to identify minimum levels of impairment.  For that reason, driving pattern, physical symptoms, field sobriety tests and appearance can play a larger role indetermining if someone is under the influence of drugs for purposes of driving.

If you are arrested for a Drug DUI, you should contact a DUI defense attorney to review your case with you and help you resolve the case with the best resolution possible.  Christoph Law Offices have been providing the highest level of personal and professional representation in DUI cases for over 34 years while across from Vista Courts.  Call 760-941-5720 for a free consultation.

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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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