Prescription Drug Use and DUI Charges

Janson Cody March 26, 2016 Comments Off on Prescription Drug Use and DUI Charges
Prescription Drug Use and DUI Charges

Can DUI Charges be Levied when Using Prescription Drugs?

It is still illegal to drive under the influence of prescription drugs.

It is indeed a possibility to be arrested and then charged when you are driving under the influence of legally prescribed medications (DUID. To be successfully convicted of DUID given this scenario, it must be proven that your capacity to drive in a safe manner was not forthcoming, and this was caused through the effects of either alcohol (DUI) or drugs. This, though, does not eradicate drugs that are legally prescribed.

There are quite a number of drugs that are prescribed and that come with warnings to avoid operating a motor vehicle upon consumption. These drugs can be anti-depressants, allergy medications, or painkillers, and they possess certain side effects that may involve a severe case of drowsiness.

Based on this fact alone, those who are involved in determining the laws of the land have resolved that it is unsafe for an individual to drive when under the influence of such drugs. It is true to say that California law specifically dictates that irrespective the drugs were consumed legally, that in and of itself will in no way constitute a reasonable defense should the defendant subsequently opt to get behind the wheel of a vehicle.

Drug  California law

Penalties for Drug-Related DUI

In California, if a person is found to be driving under the influence of (legally prescribed) drugs (DUID), then it is seen as being no different within the eyes of the law to driving under the influence of alcohol or illegal drugs.

In essence, what this means is you can fully expect to undergo the exact same legal penalties that are imposed on any typical DUI case, albeit dependent on your criminal history.

Penalties for aFirst DUID Offense

  • Between three and five years of probation (informal)
  • Up to six months incarceration in a county jail
  • A fine between the range of $390 and $1,000
  • Suspension of driving license for between six and ten months

Penalties for a Second DUID Offense (within 10 years of the last DUID or DUI offense)

  • Between three and five years of probation (informal)
  • Between 96 hours and a year of incarceration in a county jail
  • A fine in the range of $390 and $1,000
  • Suspension of driving license for two years

Penalties for a Third DUID Offense (within 10 years of the last DUID or DUI offense)

  • Between three and five years of probation (informal)
  • Between 120 days and one year incarceration in county jail
  • A fine of between $390 and $1,000
  • Driving license revocation period of three years

Penalties for a Fourth DUID Offense(within 10 years of the last DUID or DUI offense)

  • Between two and five years’ incarceration in a state prison
  • A fine of between $390 and $1,000
  • Driving license revocation period of four years

Do you have to attend counseling or rehab?

It can help you to avoid a far more serious penalty in the form of jail time, for example, if you agree to attend a course of counseling or alcohol rehab. This frequently makes for a valid option for the first time offender. Normally, for those who are repeat DUID (or DUI) offenders, it is a requirement to attend counseling.

Should You Accept a Plea?

This may pose a better solution to you depending on the details of your case. A plea of guilty that comes with a reduced punishment is a valid alternative to taking a case to trial. Nevertheless, it’s a question that may only be properly answered once you have discussed your particular case and the various options with your lawyer.

Will a DUID Remain on your Record Forever?

Upon conviction, given a certain period of time, you may file a petition as a way to have your DUID expunged from your record. A conviction of DUID or DUI can have a calamitous impact upon yours and your family’s lives. It can prevent you from undertaking a good vocation, and might also stop you from being accepted onto a college program.

Thus, DUID or DUI expungement will help you to overcome any stigma that a DUID or DUI has, simply by erasing it entirely from your record. A good DUI lawyer will help you, so consult with San Jose DUI lawyers today.

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