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I was arrested for a dui and under the influince of controlled substance
Anonymous0 views4 answers
I was arrested for a dui and under the influince of controlled substance on top of that i already had a suspended license i was cite released the next morning i had never ever been arrested before so i am jus curious as to what i might be faceing? This happened in Montclair California
Mr. Sanger is correct. Additionally, you may wish to see if and how they could prove the DUI. Start your research here: http://www.attorneyqna.com/legal-guides/ugc/drugs--dui-in-california-1.
No question you want a California DUI Attorney Specialist who will fight to get the charges dismissed or reduced. The H & S 11550 charge's mandatory 90 days is not anything to take lightly.
To add to the above, trying to figure out how to defend yourself from reading online articles can seem a bit over-welming, but can give you an idea of questions to ask attorneys you are meeting with, so it is advised. Often there can be holes in the evidence that a good DUI defense attorney can use to his or her advantage when negotiating for a good plea bargain, or when taking the case to trial. And don't forget to request that DMV hearing within 10 days of your arrest if you don't hire an attorney to do that for you.
While the 11550 charge does carry a minimum 90 days jail, that might be avoided by attending drug diversion. However, doing this is not allowed if you are convicted of the DUI as well (its prohibited by law). Thats why this type of situation calls for an experienced attorney - handling DUI and drug cases. Find someone that specializes in DUI and drug cases. If they don't belong to either California DUI Lawyers Association or the National College for DUI Defense, then keep looking.
First, you need to hire the best criminal defense lawyer you can find or, if you cannot afford to hire a lawyer, apply for the services of the Public Defender. Also, make sure that, if you had your license taken, you call the DMV immediately for a hearing.
Having said that, you say you had a suspended license but do not say why. I assume it is not for a DUI since you say this is the first arrest. If that is the case, you should be able to get your license reinstated. You can talk to your lawyer about whether or not, if you get your license, this charge can be dismissed.
As to the DUI, there are many defenses. A good lawyer will go over all of them and will have her or his investigator go out and challenge all of the factual contentions in the police reports, as well as determine if there are any other defenses. The lawyer will get all the police reports and lab reports. He or she will probably want to get an order for release of a portion of the remaining blood sample and may want to submit it to her or his own criminalist for reevaluation.
There are mandatory minimum penalties and conditions of probation if you are convicted of a first offense DUI. That is why challenging every aspect of it is important. If you were convicted, you would have fines and other financial charges and would be placed on probation for at least 3 years. You would have to complete a first offender program, obey all laws, not drive with any measurable amount of alcohol in your system and comply with other standard terms. You may or may not have to do time in the county jail or in the work release program based on the circumstances of your offense.
Now, if you were also charged with an 11550, H&S, you could face other consequences. That offense includes a mandatory 90 days in jail. Of course, your lawyer will talk to you about defenses and, even if you are good for the UI, how to get around the jail time. You may be able to get into a program to avoid a final conviction but, before you agree to that, your lawyer will go over all the options.
Talk to the lawyer. Good luck!