DUIs from Illicit Drugs
Let a Bakersfield Drugged Driving Lawyer Defend Your Freedom
In the state of California, it is illegal to operate a motor vehicle while under the influence of drugs (DUID). A DUID conviction can carry heavy legal consequences and expose a person to a jail time, fines, and a lengthy driver’s license suspension. If you have been accused of driving under the influence of illicit drugs, it is imperative you retain the services of a hard-hitting Bakersfield drugged driving lawyer from Campbell Whitten to protect your reputation and freedom.
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What Drugs are Prohibited?
A person can be charged with DUID if they are pulled over and found with traces of any type of illicit or prescription drug in their system. No exception is given for lawful users of medical marijuana. While alcohol intoxication can be proven by examining a person’s blood alcohol concentration (BAC), no such standard exists for measuring a person’s intoxication from drugs. The state must prove a defendant was impaired while driving in order to secure a conviction, rather than simply showing that they ingested a drug and then drove.
DUID charges can be related to the use of any of the following drugs:
- Marijuana
- Ecstasy
- Cocaine
- Heroin
- Methamphetamines
What are the Penalties for Drugged Driving?
California imposes harsh penalties for those who are convicted of drugged driving. While a DUID is subject to the same penalties as a standard alcohol DUI charge, a DUID charges are often paired with a concurrent charge of “being” under the influence of illicit drugs, a Health and Safety Code violation.
If a person is charged with both a DUID and a Health and Safety Code violation, they will not be eligible for alternative sentencing such as rehab or diversion and can face a mandatory minimum 90 day jail sentence. In certain scenarios, an attorney can negotiate with the prosecution for a reduction or dismissal of one of these charges to secure a lesser sentence.
A first offense DUID can bring the following penalties:
- Up to six months in jail
- Fines up to $1,000
- License suspension up to six months
- DUI treatment program participation
These penalties can increase in severity depending on a person’s prior history of DUID convictions, whether or not anyone was injured as a result of their intoxication, and whether or not a person consented to a chemical test. In some situations, these aggravating circumstances can escalate these charges from a misdemeanor to a felony, carrying penalties up to ten years in state prison and up to $5,000 in fines.
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If you are facing charges for driving under the influence of illegal drugs, a skilled Bakersfield criminal defense lawyer from Campbell Whitten can protect your freedom against these consequences. Our attorneys understand the gravity of your situation and are prepared to do everything within our power in the pursuit of a reduction or dismissal of your charges. From aggressive plea negotiations to relentless trial defense, we are prepared to go the distance on your behalf to help you get through this difficult time. Do not leave your future in the hands of an inexperienced public defender. Let us put our vast knowledge and skills to work for you!
Contact our office online today to get started towards retaining the defense you deserve.