The acts of driving under the influence of alcohol and driving under the influence of drugs are both prohibited by law in Glendale. For those caught driving under the influence of drugs in Glendale, the consequences may be severe. In addition to DUI charges, a defendant may also face Glendale drug crime charges as well, if any narcotics are found on them or in the car.
Since driving under the influence of drugs does not involve having a measurable blood-alcohol level, someone accused of this crime will usually only be charged with driving under the influence pursuant to California Vehicle Code Section 23152(a) VC.
The "drugs" in question are not limited to illegally possessed street or party drugs, and can involve prescription medications that are validly prescribed by a physician. Having a valid prescription is not a defense against a DUI with drugs charge, as a prosecutor is more concerned with the act of impaired driving rather than the legitimacy of the drugs involved. As a result, one should read all prescription warning labels to see whether or not they can drive safely on a certain medication.
The Glendale DUI Process for DUI drug arrests and prosecutions is similar to those involving alcohol, with some distinct differences. As with other DUI arrests, a law enforcement officer must have reasonable cause that a driver is violating the law in some fashion before they can justify stopping the vehicle. Once a vehicle is stopped, the officer must be able to form a suspicion based on objective observations that the driver is under the influence of drugs or alcohol.
While officers uniformly receive training in determining alcohol intoxication, the same is not true for drugs. Some officers may have been trained and certified as a Drug Recognition Expert ("DRE"). If drug intoxication is suspected, a DRE will be brought to the scene to conduct further observation and testing for drug intoxication. There is no portable device that can test for drug use like there is for alcohol, so DUI drug cases require forensic testing to be completed on a suspect's blood or urine sample. Often, a DUI drug arrest will be based on a suspect's own confession to previously using drugs.
Unlike DUI with Alcohol charges, the California Department of Motor Vehicles does not suspend a license administratively if the driver was driving under the influence of drugs and not alcohol. However, if that driver is ever convicted of a DUI offense at the Glendale Courthouse, he or she would have their license suspended at that point.
A Glendale DUI Drug conviction may have severe and long-lasting consequences. A judge can sentence a defendant to jail, impose extensive fines, and require alcohol programming and community labor/service. In some cases, a person will be required to register with police as a narcotics offender. In addition, a DUI Drug offense can be toxic to future employers or anyone else conducting a background check. For those who have jobs requiring a security clearance, this conviction could jeopardize that clearance. There are a variety of ways to fight a driving under the influence of drugs case in Glendale. A skilled Glendale DUI defense attorney can challenge an officer's ability to recognize drug intoxication and may be able to challenge whether there was sufficient justification for the vehicle stop. In addition, many drugs can remain in a person's body even after the intoxicating effects have ceased. In these cases, there would be a strong argument that the driver was not under the influence of any drug.
If you have been arrested for driving under the influence of drugs in Glendale, it is critical that you that you meet with a knowledgeable and effective Glendale DUI attorney immediately because of the serious consequences at stake. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Glendale DUI Attorney Michael Kraut is highly effective at fighting DUI drug allegations. Mr. Kraut is highly respected throughout the court system in Glendale and is held in high regard by judges, prosecutors and law enforcement alike.
For more information about Glendale DUI with Drugs, and to schedule your free consultation, contact Glendale Criminal Defense Attorney Michael Kraut at the Kraut Criminal & DUI Lawyers located at 121 W Lexington Dr, Glendale, CA 91203. Mr. Kraut can be reached 24/7 at 888-334-6344 or 818-507-9123.