Driving while impaired by the influence of any drugs – prescription, over-the-counter, or illicit – is illegal. You may face driving under the influence of drugs charges just as you can be charged for a DUI for driving under the influence of alcohol. A San Leandro DUI drug lawyer may be able to explain the charges and the potential sanctions that you can face if you are charged with this offense.
Even if you have a legal prescription for the drug or it is an over-the-counter drug, you still can face DUI drug charges in the appropriate circumstances. Seeking the advice of a dedicated DUI defense lawyer may be essential to effectively defending yourself against these potentially severe charges.
Under California Vehicle Code § 23152(f)-(g), driving under the influence of drugs is a criminal offense. Individuals commit DUID when they are unable to operate a motor vehicle as a sober person would under the circumstances, either due to their consumption of drugs or a combination of alcohol and drugs.
Drugs are any substances or combination of substances, other than alcohol, that affects the body in a way that a person’s ability to drive is appreciably impaired. These drugs may be illegal drugs, such as heroin or methamphetamine, or legal prescription or over-the-counter medications, such as Xanax or cold medicine containing antihistamines. If a drug impairs the ability of a person to drive safely, then the use of that drug can form the basis for DUI drug charges, whether the drug is legal or not.
Unlike DUI laws, which presume impairment if the blood alcohol content (BAC) of individuals is .08 percent or higher, DUI laws have no such measurable limit. As a DUI drug lawyer in San Leandro may advise, there currently is no reliable scientific means of measuring presumptive impairment by drugs. As a result, law enforcement officers may order individuals to submit to mouth swab tests to detect the presence of drugs and enlist the help of a drug recognition expert (DRE), or a law enforcement officer with specialized training in drug detection, to determine whether the person is impaired.
Like DUI, DUID is a misdemeanor under state law but can become a felony offense in specific circumstances, such as where individuals have prior convictions within the past ten years. For a first-time DUI drug charge, however, individuals may face the following penalties:
Individuals may also be required to pay for the costs of towing and impoundment of their vehicles, which is typical following a DUI drug arrest. A DUI drug attorney in San Leandro may be able to assist in pursuing reduced penalties and charges in a DUI drug case, based on the circumstances.
A second DUID conviction will result in a mandatory minimum sentence of incarceration of 96 hours and a maximum sentence of one year. Individuals will also receive a lengthier license suspension and must complete a substance abuse treatment program.
Subsequent DUID convictions can result in longer minimum and maximum terms of incarceration, longer license suspensions, and completion of lengthier substance abuse treatment programs. Individuals facing a subsequent drug DUI should contact an accomplished defense lawyer right away.
Various defenses may exist in your case if you are facing DUID charges, but you are likely to need the assistance of a San Leandro DUI drug lawyer to properly raise and utilize these defenses. Retaining legal counsel can be crucial to your ability to overcome the charges against you. Contact a lawyer today.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
