Driving On Drugs In California: Understanding Your Penalties And Rights

Driving while drunk is dangerous enough; driving while on drugs can be much more so. And easier to do without even realising it. With the legalization of cannabis and the proliferation of potent pharmaceuticals, more and more drivers are being charged with Driving Under the Influence without a drop of alcohol in their system.

If this happens to you, it is important to understand what additional penalties you might face and how your rights interact with drug testing systems.

Will I Face Additional Charges For Drugs Found On Me In A San Francisco DUI Stop?

If you are charged with a drug-related DUI in San Francisco County or anywhere else in California, you can be charged with drug possession or distribution if the police find drugs on you at the time of your arrest. California police can and often do bring separate charges.

The good news is that San Francisco County, specifically, is one of the better places to get arrested for drug possession in California. San Francisco County prosecutors and judges are a little more tolerant of drug possession than many other Bay Area counties.

What Charges Will I Face For Drugs Found On Me During A DUI Stop?

The type of drugs the police find on you, as well as the quantity they find, and how it is packaged, will determine what additional drug offenses you will be charged with. Depending on the amount and type of drugs, you could be looking at felonies that are far more serious than a misdemeanor DUI with a misdemeanor drug possession charge.

At the Law Firm of Aaron Bortel, we try to get possession charges dropped since there is no longer a way to divert possession charges in San Francisco or California for DUI charges. Rarely today does our firm see possession charges for small amounts of cannabis, for example. But, if you’re smoking cannabis while driving (not a smart thing to do), you can certainly be charged with Driving Under the Influence.

When Else Can A Drug Based DUI Become A Felony Charge In San Francisco County?

Even if the drugs you are found with are not sufficient to warrant a Felony charge in San Francisco, you can still be charged with a felony DUI depending on the circumstances.

Any DUI case, even a drug-based one, can become a felony charge if someone is injured, for example. Additionally, if this is your fourth DUI within 10 years, whether on alcohol or drugs, it can be charged as a felony.

Felonies carry far greater penalties than misdemeanors, and make hiring a skilled DUI defense attorney even more important.

Is Drug Diversion Available In Drug DUI Cases In The San Francisco Bay Area?

Unfortunately, there are no more DUI diversion programs in the San Francisco Bay Area, whether for alcohol or drugs. However, that doesn’t mean that you don’t have options.

Our firm recently reviewed a case – we produced a list of the prosecution’s weakest arguments and any holes in their case. There weren’t big holes, but it was enough to help potentially persuade the prosecutor to back off on the drug charge and do an amended DUI charge.

Getting the prosecution to amend a charge or drop it altogether in favor of some other outcome can completely change the outcome of an arrest. And amending or changing the charge is just one way a DUI lawyer can modify the outcome. Even with DUI diversions no longer on the table, your case is never a hopeless cause in San Francisco. There are always things we can try to help you stand up for your rights.

What Should I Do When Facing A Blood Test During A DUI Arrest?

If you get arrested for a DUI for drunk driving, the police will typically give you a choice of taking a breath test or a blood test. But if they feel you may be under the influence of drugs, the police will usually not give you that breath test choice; they are just going to offer the blood test.

In California, including San Francisco, you are required to submit to a blood test should the police ask. If you refuse the test after the police have admonished you about why you need to do it and they inform you of what happens if you refuse, you will be facing additional penalties (including a severe license suspension) for very little gain. After all, the police can get a warrant from a judge that will authorize the police to forcibly withdraw your blood.

The problem with a refusal is that you are automatically going to have a suspended license for one year. That is a whole year without driving. To make things worse, a refusal also renders you ineligible for a restricted license. It is crucial not to refuse a test: not only will you lose your license for a year, but the police can do a forced blood draw and take your blood regardless of whether you choose not to cooperate.

A forced blood draw means that the police will get your blood even if they have to hold you down. Whether they end up having to tie you down or have six officers sit on you, you are going to have blood drawn, and they can use that evidence against you. Typically, the only people who refuse are either stubborn or, more likely, have had too many drugs or a combination of drugs and alcohol. They’re just not thinking straight and aren’t making a good decision

But blood test results can be contested, so even if you agreed to a test and it came back positive for one drug or another, there are still many avenues of defense available. Assuming you have a talented enough DUI lawyer to help.

With the guidance of a skilled DUI defense attorney, you can reduce the consequences of a DUI arrest or avoid a conviction entirely. For more information on drug-related DUI defense in California, a free initial consultation is your next best step. Get the information and legal answers you seek by calling his office today at (415) 223-7290.