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May 26, 2017 | admin Driving License Suspension for DUI with Drugs in Los Angeles
Driving under the influence in Los Angeles falls into three main categories. The DUI process and law, the DUI crime and evidence, and the court and DMV license suspension. The law on DUI applies evenly in the whole of Los Angeles and the southern part of California. Moreover, the consequences are similar for driving under the influence of either alcohol or drugs in both localities. However, the presence of the Los Angeles DUI attorneys helps you handle cases and offenses under the DUI professionally.
Driving under the influence of drugs or alcohol is a criminal offense that is filed under the Vehicle Code Section 23152(a). It is clearly stipulated in the law that it is utterly unlawful to drive under the influence of alcohol, drugs, or both.
• Legal Drugs
Driving under the influence of drugs, whether illegal, prescription or even over-the-counter (OTC) taken with the doctor’s order is also an offense. Those with the innocent notion that prescription drugs or over-the-counter drugs offer cover to arrest when it comes down to Los Angeles DUI are very mistaken. Most of these legal drugs come bearing a warning that a person should avoid driving of a motor vehicle or operating machines while taking medicine. Hence, if caught up with going contrary to the instruction, you are arrested and have a case to answer with the Los Angeles DUI. However, if driving under the influence of drugs, the DMV cannot officially suspend the offender’s driving license. It can only be instigated if there is a refusal or else the BAC is 0.08% or higher.
Moreover, if the person is convicted of DUI with drugs, the license can hence be suspended with immediate effect. Nonetheless, there lacks a breath test in a DUI drug case. Hence, the officer can only administer either blood test or urine test. For the case to hold in court, the prosecution must prove beyond reasonable doubt that the defendant was driving under drug influence. The officer’s testimony of the driver’s appearance, unpredictable behavior, and statements about drug use are admissible in court as evidence. Besides, the chemical analysis results should be adduced to the jury.
• Illegal Drugs
The consequences of a DUI conviction with illegal drugs are severe. The offender has a double obligation to deal with a drug case and also the DUI charge. The person may be required to register with his or her local police as a narcotics offender and may lose a job, security clearance, and may also be substantially fined.
When it’s a case of alcohol abuse, driving under the influence may lead to charges of a DUI with alcohol. If the necessary tests indicate that the person has a 0.08 % or more in his or her blood, the officer in charge has the right to suspend the driver’s license.
Technically, it is much more difficult for the prosecution to prove a DUI charge on drugs than it is with alcohol. Many officers lack the necessary training on the objective signs of a person who is under the influence of drugs. Due to this, the services of a well-qualified DUI defense attorney would come in handy and dismantle the DUI case against you.
If you have been roughed up by the authorities with a claim that you were driving under the influence of drugs in Los Angeles, be quick to contact the Los Angeles DUI lawyers since they understand well the system and the nature of your offense. They also know how best to defend you and resolve your case without jail time. More so, they have the experience of operating in the field for many years and are aware of how the law enforcement builds up the case against you.