Oakland, Walnut Creek DUI Charges Defense Lawyer
The Law Office of Mark Blair wants you to know that not all DUI charges are the same and there is no such thing as a standard DUI defense. Differences in DUI charges arise from the substance that is the basis of the intoxication, or from the type of driver’s license held by the driver. In addition, if you refuse to take a chemical test, you will face a different type of DUI charge.
Please contact me today to schedule a free consultation about your DUI defense needs. I provide high quality representation to people in Oakland, Walnut Creek and the entire east San Francisco Bay area.
What substance was involved?
The substance that the driver consumed before getting behind the wheel might have a major effect on the DUI defense and the final outcome of the case. Drug usage is generally handled more severely than alcohol usage. You must be aware that according to the law, drug usage includes both legal prescription drugs as well as illegal drugs. If the driver is under the influence of a controlled substance, punishment may be significantly more severe.
Normally, a person charged with driving under the influence of a controlled substance may be able to avoid jail by successfully completing drug rehabilitation classes. The advantage of drug classes is that upon successful completion of the classes, the case is dismissed and a conviction for the drug charge will not be on the person’s record.
Double whammy
If you are charged with both a drug and a non-drug driving offense, the non-drug charge may mean you are ineligible for the drug class. Instead, the person charged with driving under the influence of a controlled substance faces the double whammy penalties for both the alcohol and drug-related offenses. For the alcohol offense, you face probation, fines, mandatory jail time, alcohol school, an interlock device, and at lease a four month license suspension. The drug-related offense carries such requirements as registration as a narcotics offender, random blood and urine testing for drugs, and a 90 day mandatory minimum jail sentence that cannot be avoided through drug classes.
Marijuana in the blood
Some jurisdictions are aggressively prosecuting drivers that have smoked marijuana within a certain time period prior to driving. Using marijuana by itself or with alcohol or other drugs may have a dramatic impact on the outcome of a DUI case. Studies have consistently shown that smoking a small amount of marijuana before driving does not impair the driver. However, smoking marijuana and consuming alcohol or other drugs may enhance the effects of each to impair the driver even more.
Typically, if the police officer suspects a driver has smoked marijuana, the officer may lawfully insist that the driver submit to a blood or urine test. Blood or urine tests may detect and quantify the amount of marijuana and other substances a person has consumed. If other substances are detected, your DUI case becomes more problematic and you may face additional consequences.
Under 21 years old
If you are under 21 years old, the blood alcohol threshold drops to “zero tolerance,” meaning that it is illegal for a person under 21 to have any measurable amount of alcohol in his or her body. Thus, the DMV may try to suspend an individual’s license if the person under 21 even had a blood alcohol level reading of .01%. An effective defense will include challenging the field sobriety test, as well as the blood or breath test results.
If arrested for DUI, an underage driver must act quickly to contact an attorney. The penalty for a first offense includes driver’s license suspension for one year. There may be some relief from the suspension, however, under the “critical need to drive” provisions of the law. In order to secure a favorable “critical need to drive” finding, claiming mere inconvenience will not suffice. You need to demonstrate the extreme importance of driving, such as to attend school, earn money, or care for serious medical needs.
Commercial licenses
Commercial drivers are prohibited from driving a commercial vehicle if they have more than .04% blood alcohol content. If the holder of a commercial license is arrested for DUI while driving a privately-owned vehicle, the DMV will try to impose the same suspension as if the commercial driver was operating a commercial vehicle: one year suspension for a first offense. The penalty for a second offense is extremely severe and can include a permanent ban on having the commercial license.
Refusing a chemical test
Finally, if a driver refuses to take a chemical test, the sentence for a DUI conviction can be enhanced, including additional mandatory jail time:
- First offense DUI: enhanced by 48 continuous hours in county jail
- Second offense DUI: enhanced by 96 continuous hours in county jail
- Third offense DUI: enhanced by 10 days in county jail
- Fourth offense DUI: enhanced by 18 days in county jail
There are different kinds of refusals. I will examine the facts of your case specifically to determine whether an actual refusal occurred. A person with physical, mental, or language limitations may not fully understand the warning given by the officers. In addition, the officer sometimes causes a refusal by acting outlandishly or in a threatening way. If the officer fails to provide the proper admonishment about refusing the test, the refusal allegation may be dismissed. Finally, the driver may simply be unable to complete the breath test because of lung ailments.
If a licensed driver fails to submit to a test, the driver can lose his license for one year for a first offense DUI. If the driver has a prior conviction within 10 years, the DMV will revoke the person’s license for two years for refusal to take the test. A driver with two priors within 10 years may lose his or her license for up to three years for refusing a chemical test.
Contact me to schedule a free consultation to discuss the specific DUI charges you are faced with. I have helped thousands of people who are in your exact position. I can help you.
For more answers to your DUI questions, please visit my DUI FAQs page.