Drug DUI Arrest Sacramento • California Drug DUI • CA Drug DUI Attorney • Sac DUI

Can I be convicted of California DUI for driving with prescription medications or illegal drugs in my system?
Yes, but the prosecution must prove more than the simple fact that you have the prescription or illegal drug in your system. They have the added burden of showing that you are impaired because of it.

Can or Should I respectfully decline any of the officer’s requests in this type of case?
If you are under 21 or on probation for a DUI type offense, which includes a wet reckless, you must submit to the PAS test or you may be charged with a “refusal” and suffer an unnecessary driver’s license suspension.
You must also submit to a blood or urine test. If one of the two is not available, you must take the one they do have.

When you are contacted by law enforcement, you will be asked all the same pre-field sobriety test questions. You will very likely still be asked to submit to a Preliminary Alcohol Screening PAS device test, for the purpose of determining if there is any alcohol involved. Then you will be asked to perform certain Field Sobriety Tests(FSTs). If the arresting officer is certified to do so, he may perform a Drug Recognition Evaluation (DRE). If he is not, someone else may be called in to do so. Finally, you will be asked to submit to a blood or urine test. A breath test is not an option if the officer suspects that you are under the influence of a prescription or illegal drug.

While you should do everything in your power to be respectful and cooperative, you are not required to do much beyond giving the officer your driver’s license and personal information, along with proof of registration and insurance. Yes sir, no sir and on advice of an attorney, I respectfully decline to…should help you avoid problems. Make your decision not to answer all the additional questions, perform field sobriety tests, PAS test or DRE someone else’s fault. You want to appear to be following the advice of someone else, rather than be viewed as someone who is flunking the attitude test.

If you choose to assert your rights, you should expect that the reports will not portray you in a positive light. Additionally, it has been my experience that the prosecution is not very good about giving people a break, in terms of resolving the case for less than a standard DUI. If you make the decision to decline the officer’s requests, you should do so with the idea that you intend to go to trial.

Remember though, that the prosecution of a prescription medication or illegal drug DUI is often more difficult to prove than one involving alcohol alone. Without your cooperation beyond what is required, without making admissions and without performing field sobriety tests, the prosecution is left with the officer’s observation of you and your driving along with the results of the blood or urine test.

How is the prosecution of prescription medication or illegal drug DUIs different from alcohol only DUIs?
Most of us know how drinking is going to affect us, there are lots of studies and experts don’t have much difficulty testifying. That very well may not be true with prescription medications.

Labels on prescription bottles and the information sheets that the pharmacy dispenses, when you pick up a prescription, seem more advisory than definite. You will see words like "might" "may" "rarely." Still, the prosecution will use this to show you knew or should have known the potential effects of the prescription medications on your ability to safely operate your vehicle. Whether you have prescription medications in your system or illegal drugs, the government’s expert will also testify about the medication or drug and its potential effect on you. Then they will assert that you were affected, based on the officer's observation of driving and later contact with you.

Can I lose my driver's license due to a Drug DUI Arrrest?
In a DUI case involving prescription medication or illegal drugs, DMV does not immediately get involved. In fact, the officer should not even take your license at the time of the arrest. If the officer did take your license or there is some level of alcohol in your system, you should probably request an Administrative Per Se hearing within 10 days of the arrest, as a precaution. It can always be cancelled later, if it’s unnecessary.

It is important to know, however, that DMV will suspend your license if you are convicted of a DUI. To avoid a suspension, the case must be rejected for filing or later dismissed by the prosecution, you must win at trial, or the case must be resolved as something less than a regular DUI. Some possibilities are “Wet Reckless,” “Dry Reckless” or traffic violations.
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Marijuana DUI Sacramento
Driving under the influence of a drug can subject you to prosecution for DUI, and this includes impairment from use of marijuana. Unlike an alcohol-related DUI and prosecution under Vehicle Code section 23152(b), a marijuana-related DUI is prosecuted under Vehicle Code section 23152(a). There is no set level (like .08% for alcohol) that the District Attorney’s Office uses for defining “impairment” by marijuana. As a result, this makes marijuana DUI cases more difficult to prosecute, but it can also make them more difficult to defend. Remember, it must be proved that one was under the influence of marijuana at the time of driving.

The typical indicators of impairment, such as one’s performance on field sobriety tests, are taken into consideration by the prosecution when deciding whether or not to file charges. Perhaps the most important factor the prosecutor relies upon is the urine or blood results, and whether or not those results show a presence of THC (tetrahydrocannabinol). The chemical compounds in THC remain in the body long after the marijuana has been smoked or otherwise consumed, thus the amount of marijuana one consumed and the concentration of THC become critical factors for any prosecutor to determine.

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