San Leandro DUI Drug Lawyer
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.
Driving Under the Influence of Drugs (DUID) in San Leandro
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.
Penalties for a First-Time San Leandro DUID
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:
- Fines and fees ranging from $390 to $1,800 plus penalties and assessments
- Up to six months in jail, or three to five years of informal probation
- A license suspension of at least six months
- Completion of a minimum three-month substance abuse treatment program, which may cost several hundred dollars
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.
Second and Subsequent DUID Offenses
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.
Consult a San Leandro DUI Drug Attorney Today
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.