At the beginning of 2022, the law regarding DUI diversion changed. DUIs are no longer eligible for diversion in California. Please contact our office with any questions. Email us at OR Call us at: (415) 523-7878

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Law Firm of Aaron Bortel

Additional Drug Charges With Drug DUI In California

Additional Drug Charges With Drug DUI In CaliforniaCould I Receive A Separate Drug Charge In My Drug DUI Case In San Francisco County If Police Found Drugs On Me At The Time Of My Arrest?

If you are charged with a DUI drug in San Francisco County, CA, you can be charged if the police find drugs on you at the time of your arrest. Police can and often usually do bring separate charges.

The good news is that San Francisco is one of the better places to get arrested. San Francisco County is a little more tolerant of drug possession than many other San Francisco Bay Area counties.

What type of drugs, the quantity they find, and how it’s packaged will determine what the drug charges are going to be. So, depending on the amount and type of drugs, you could be looking at felonies, not only a misdemeanor DUI with a misdemeanor possession of drug charge.

At the Law Firm of Aaron Bortel, we try to get the possession charge 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 pot. But, if you’re smoking pot while driving (not a smart thing to do), you can be charged with DUI.

When Does A Drug DUI Case Become A Felony Charge In San Francisco County?

A Drug DUI case becomes a felony charge if someone is injured. Suppose this is your fourth DUI within 10 years, whether alcohol or drugs, it can be charged as a felony.

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 any options.

Our firm recently reviewed a case – we produced a list of the weakest arguments the prosecution had 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 charge.

What would need to happen is that the prosecution would need to amend the charge or drop it altogether in favor of some other outcome. Amending or changing the charge is one way to modify though it’s not a DUI diversion. Unlike most places, it’s not a hopeless cause in San Francisco. There are always things that you can try as an attorney.

I Didn’t Agree To A Blood Test After A DUI Arrest In The San Francisco Bay Area. Can I Still Be Convicted Of Driving Under The Influence Of Drugs?

If you get arrested for a DUI alcohol, typically, the police will give you a choice of a breath or a blood test. But if they feel you’re under the influence of drugs, the police will usually not give you that breath test choice; they’re just going to offer the blood test.

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 what happens if you don’t, the police can get a warrant from a judge. A warrant will authorize the police to withdraw your blood forcibly. Of course, if you want to comply with the warrant afterward, that’s fine too, but you still refused a test.

The problem with a refusal is that then you’re going to have a suspended license for one year of no driving, and you’re not eligible for a restricted license. It is crucial not to refuse a test because not only will you lose your license for a year, but the police can do a forced blood draw and will take your blood if 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, 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 making a good decision.

With the guidance of a skilled attorney for DUI Law Cases, you can have the peace of mind that comes with knowing that we’ll make it look easy. For more information on Additional Drug Charges With Drug DUI 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) 523-7878.

Aaron Bortel

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