DUIs Involving Drugs Are Handled Differently
Having handled over 4,000 DUI cases over the course of our careers, many cases have dealt with drug issues or drug and alcohol combinations. We have a great deal of experience with these cases. It does not matter that you had a prescription; it is the level of impairment that is the issue.
How Drug-Related DUIs Are Different From Alcohol-Related DUIs
Drug-related DUIs 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 privileges in 30 days unless you set a hearing.
However, 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.
Additionally, drug programs like diversion are not available for a drug-related DUI. If you are convicted of a drug-related DUI, then there is a suspension based on the conviction.
Drug DUI cases are not as prevalent as the alcohol DUIs and have other issues as to blood levels which 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, so there are some general guidelines, but the science and empirical data are not as developed as for alcohol-based impairment.
You Can Get a DUI While on Legally Prescribed Drugs
Now, with the advent of legalized marijuana, illegal and prescription drugs, more research and data is becoming available, but it is still a developing area. You can still be charged with a DUI if you are driving impaired with a legal prescription drug in your system.
Many times, lesser charges may be worked out through negotiations for a DUI drugs charge depending on the issues like the dangerousness of the driving, field sobriety test results, objective symptoms, blood drug levels etc.
Contact Our Offices Today for Help in Drugged Driving Cases
Call DUI defense attorneys Nicholas and William Christoph at 760-670-3885 or contact us online for a free initial consultation. We have been located across from Vista Courts for more than 40 years and have handled over 4,000 DUI cases for people just like you.