Drug Related DUI’s
San Diego criminal law attorney Victor Orsatti can assist you if you have been involved in a drug related DUI case. Victor founded the San Diego Law Center in 1997 and has been a member of the California DUI Lawyers Association since 2007. Attorney Orsatti specializes in criminal law and DUI cases and has a great deal of experience working with them. If you have been arrested for operating a motor vehicle while under the influence of illegal or prescription drugs, Victor Orsatti can review your case and help negotiate fines and penalties in court. An experienced criminal law lawyer is important to have in a drug related DUI arrest and can make a significant difference in your case.
Operating a car or other motor vehicle while under the influence of drugs other than alcohol is still considered a DUI according to California law. Being charged with a drug related DUI can result in serious penalties. You can be charged for being under the influence of a controlled substance in addition to facing DUI charges.
Being arrested for driving under the influence of prescription drugs can have consequences as well. Even if the drugs are lawfully issued to the defendant by a doctor, the defendant still may be charged for driving under the influence. If the drug impairs one’s ability to operate a vehicle it is still considered a drug related DUI.
Driving under the influence of drugs (DUID) is considered a misdemeanor in California but can also be charged as a felony if it is the defendant’s fourth DUI charge, if the defendant has another felony conviction, or if another party was harmed. The penalties include up to 2000 dollars in fines, probation, DUI school, license suspension, and jail time. The minimum charge for using controlled substances alone is 90 days in jail. The passing of Proposition 36 states that one can avoid jail time if they agree to participate in a substance abuse treatment program. Having an experienced criminal law attorney can negotiate and reduce these penalties.
Drug related DUI’s are more difficult to assess than alcohol related DUI’s. Law officials will most likely take a blood or urine sample to check for different kinds of substances in one’s system. Investigating a drug related DUI usually involves a drug recognition expert (DRE) who is trained to identify drug use in drivers at the time of arrest. Testimonies from medical experts should be presented in court to show test results and see if the defendant was incapable of operating a motor vehicle. In order to be charged with a drug related DUI, the substance must have an affect on one’s brain, muscles, or nervous system.
San Diego criminal law attorney Victor Orsatti has worked with many DUI cases and can help reduce fines and penalties in court if you have been convicted of a drug related DUI. Attorney Victor Orsatti can review your case and provide a free consultation. Feel free to contact Victor at (619) 933-4688 or email him by clicking here