DUI and Drugs

If you have been charged with a DUI involving drugs in Fremont, Union City, or Newark, California, you should consult with a capable Fremont DUI lawyer about your case immediately. Driving while under the influence of drugs is a violation of the California Vehicle Code Section 23152 (a). The drugs involved in the DUI charge may be legal, such as prescribed medications or illegal, such as marijuana, cocaine, or some other narcotic. California defines drugs as "any substance other than alcohol that could affect your nervous system, brain or muscles."

The issue is not the type of drugs but their impairment of your driving ability which endangers other drivers, passengers, and pedestrians. At our law firm, our Fremont DUI attorney Adam Allen Arant has successfully defended all types of DUI cases in the area, including those involving drugs. Adam can begin investigating and reviewing your case immediately to find weaknesses and flaws with which he can attack the prosecution.

How is a DUI and drugs different then a regular DUI?

While alcohol can be measured with a breath test, the presence of drugs in your system can only be determined through a blood or urine test. The results of these tests, along with the arresting officer's report, will be the basis of the case against you. Many factors may be explored in a defense of this type of case. The arresting officer may have had little or no training on how drugs may manifest as objective signs in a person who has consumed them.

The blood or urine tests can be challenged in how they were administered, whether contamination was a factor, or how they held up as evidence required by law. Questions can be raised as to why you were stopped in the first place, whether any drugs were found in your vehicle or on you, and what constitutional reason the arresting officer had in searching you or your car.

Often the investigation is led by a drug recognition expert (DRE). This individual is trained to identify drug impairment. Because there is no BAC for drugs, however, a DUI of drugs can be difficult to establish. In California, a DUI of drugs is a misdemeanor unless:

  • It's your fourth or subsequent DUI offense
  • You have a prior felony conviction
  • Your driving caused an accident that injured another person

A DUI of drugs can result in penalties that include a DUI probation for three to five years, fines that can be up to $1800 for a first offense, a completion of California DUI school, driver's license suspension and in some cases, a jail sentence (up to six months). There are several defenses that can be employed on your behalf, however. These include:

  • Just because you had drugs in your system does not mean you were impaired
  • Other factors were involved- such as exhaustion or anxiety which gave the symptoms of impairment
  • The collection, storage or analysis of your blood/urine was out of compliance with California's Title 17 procedures
  • You were unlawfully stopped
  • Police illegally searched or seized drugs in your possession
  • You were not advised of your right to remain silent before you were interrogated
  • The chemical tests weren't accurate

Evidence such as the manner in which you drove, your physical appearance when you were arrested and your performance on the field sobriety tests will all be examined. At the time of your arrest. if you had red eyes, slurred speech, a flushed face or walked unsteadily- these could all be evidence brought against you. The DRE will also most likely testify against you.

As a Fremont DUI lawyer, Adam can analyze all the factors surrounding your DUI arrest to break down the case and create a strong defense on your behalf. If need be, we can help you fight to be allowed to enroll in a drug diversion program instead of having to carry out a jail sentence. Because you may be facing drug charges as well as a DUI, it is best to have your case handled by a skilled attorney who knows how best to defend you on all counts. Contact the Law Offices of Adam Allen Arant today!