QUESTION
Can I be charged for DUI because I was driving on a suspended license and had half of a Zantex in my pocket?
Asked on Aug 15th, 2014 on DUI/DWI - California
More details to this question:
I was talking to jail served 5 days arrested for DUI and driving under the influence, after I seen judge she said no or and off to Lynnwood I went. My next court day was 2 weeks away and after 2 more days I was bailed out. I did take a breathalyzer and I passed it and other test they wanted my blood and I’m scared off needles I asked if I can give them urine instead and they rushed me to where they took my blood from me anyway. I didn't sign or ok it but I didn't physically fight them. Last court date they said they want to get me for DUI because I had too much Zantex. I asked about my blood test results and they told me they haven't tested it yet. Public defender was very rude and snappy with me. I go back soon I said how can you charge me for DUI and no blood results. I had half a pill in my pocket I had a prescription for and had taking any that night so can Glendale, CA get my on DUI just because there Glendale? Doesn’t it depend on my test results?
4 ANSWERS
Arbitration Attorney serving Irvine, CA
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Law Office of Linda K. Frieder
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Yes you can be charged. If you don't like your public defender you should retain a private criminal defense attorney. You have a defendable case.
Answered on Aug 19th, 2014 at 5:25 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Everything depends on the test results in order to convict, but not necessarily in order to charge you with a crime. Why were you stopped by the police? Did you perform the field sobriety tests? Was there probably cause to search you?
Answered on Aug 18th, 2014 at 7:18 PM
Yes you can, under VC 23152(a), which deals with driving under the influence of drugs. The consequences are just as severe as an alcohol DUI. However, drug DUIs are a lot more defensible, because there isn't a specific drug level that makes someone legally impaired, as there is in alcohol. You need to hire a DUI specialist and fight the case.
Answered on Aug 18th, 2014 at 11:50 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes it depends on your test results and the results of the DRE. Drug DUI is fightable and winnable. Don't give up.
Answered on Aug 18th, 2014 at 10:01 AM