Operating a motor vehicle with a blood alcohol content (BAC) of .08 or greater is a crime in the state of California and will result in charges of DUI (driving under the influence). However, if a person has ingested drugs other than alcohol, then their blood will not register an alcohol content during a breath test. Some people may think that since they are able to pass a breath test, they will be able to get away with driving under the influence of drugs and be able to carry on. However, that is not the case. California police, and police officers across the United States are trained to recognize signs of intoxication during a traffic stop or interaction. If the officer suspects that you are intoxicated and you pass a breath test, they will additionally ask you to submit to a series of field sobriety tests, and will likely request a warrant for a blood test.
If you have been arrested for a DUID—Driving Under the Influence of Drugs—in California, the next step is to find an experienced DUI drugs lawyer to begin aggressively building a defense with. No matter what type of evidence was gathered during your arrest, or charges you are facing, there are many different ways that a defense attorney will be able to approach your case in order to seek reduced sentencing, lighter penalties, or less serious impacts to your life.
Read more below to learn about some overview information regarding DUI with drugs in California, and contact us now to schedule an initial consultation. During this consultation, you will be able to speak directly to a legal professional with an extensive understanding of these types of criminal cases and discuss the specifics of your own arrest and charges. Since no two cases are alike, having this conversation can be very illuminating as a way to understand your situation in context to the attorney’s experience, other cases that they have handled, and get a feel for some outcomes in similar cases to your own.
What Is a DUID?
As mentioned before, some may believe that since they are not violating the limits for blood alcohol content when they ingest drugs, that they may be circumventing laws and have a better chance of driving while intoxicated. This is not the case at all, and the state of California has a specific charge for these situations, known as a DUID, or driving under the influence of drugs. If you have ingested both alcohol and drugs, you may be charged with a DUI as well as a DUID, which will come with increased charges and increased penalties.
A DUID is a misdemeanor charge, just like a DUI, and comes with the same penalties as a DUI provided there are no enhancements or additional charges. This means that for a first charge, you will be facing probation of between 3-5 years, fines of up to $1,800, required attendance at a DUI education program, a mandatory driver’s license suspension, and possible jail time. If there are additional charges, such as possession of scheduled drugs, you will face additional penalties for those offenses.
When Is a DUID a Felony Charge?
As mentioned in the previous section, a DUID is generally a misdemeanor. However, there are a variety of situations where the charges can be elevated to a felony, which will come with more significant penalties that you will be facing as a result. If you have been convicted (or reached a plea deal or agreed to alternative sentencing on) of three prior DUI or DUID charges, then the fourth arrest will automatically become a felony crime. In addition, if you have ever been charged with a felony DUI before, every following DUI or DUID charge will be a felony as well.
Some other situations that could result in felony charges are if you injured someone else while you were driving under the influence of alcohol or other drugs. You may also have your charges elevated or enhanced if you have a minor in the car, or any other number of enhancement charges that can cause serious issues for your upcoming defense. Each enhancement to your charges will create a more complex case, meaning that it is all that much more important to hire an experienced, confident, and aggressive defense attorney who understands the California courts, has a history of DUID success, and is ready to take your case today.
Contact Us Now
The sooner you contact us, the sooner we will be able to discuss your situation and give you a better idea of how we can move forward with your case. We understand the stress that you are dealing with while you are awaiting the outcome of your case, and we will do everything possible to make this process as smooth as possible as we work towards a favorable outcome.