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 abortellaw@gmail.com OR Call us at: (415) 523-7878

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Law Firm of Aaron Bortel

Penalties For Drug DUI Conviction In SF Bay Area


What Are Potential Penalties If Someone Is Convicted Of Driving Under The Influence Of Drugs In The San Francisco Bay Area?

The penalties for being convicted of Drug DUI differ in San Francisco Bay Area, California. In San Francisco specifically, the penalties for drug DUI are usually very much like an alcohol DUI.

With a Drug DUI, you’re typically looking at three years of probation and fines totaling between $1,600 to $1,800. Also, the court usually orders you to attend a three-month-long DUI school, and the DMV suspends your driver’s license for a while.

If you get a DUI drug charge, you will not be able to get an ignition interlock restricted license. This is because ignition interlock devices only measure for alcohol and not drugs. So you’re facing a 6-month license suspension, and it’s a lot worse if it’s a second or a third offense.

Your attorney can do some things in these cases to minimize your penalties. There can be other penalties added on or negotiated. Sometimes the court wants AA or NA meetings. Sometimes, the judge will order you to attend a MADD VIP (Mothers Against Drunk Driving Victim Impact Panel). The impact panel is an online program that usually costs about $60 and takes two or three hours to complete.

If we can get the court to reduce the charges to a “wet reckless,” it will be a much better situation for you. The good news is that we can get the Department of Motor Vehicles to dismiss the action for a DUI drug charge because there’s no alcohol involved.

The DMV can still bring an action claiming that you have drug issues. Then the DMV will get a hearing where you have to show a DMV hearing officer that you do not have a drug problem. We will usually show them that you’ve seen a medical doctor, completed a program, are on some medication, and have been drug tested. And they want to see about 3 months of clean testing before they will be willing to reinstate your license.

Frequently, we will try to get a stay of suspension for one of those hearings. This way, you would still be able to keep driving while the hearing is pending. All the while, we are putting all the evidence together so that we can present it at the hearing.

At the DMV hearing, we tell the hearing officer that you’ve got a three-month consistent pattern and the doctor has supplied the medical information. We explain how you have done everything to show that you have addressed the problem and that the doctor feels that you’re safe to drive.

We also explain how you have done X amount of time in the outpatient program, which shows that you’ve been clean and had drug tests for at least 3 months. This way, we can save your license. Penalties can be very harsh in DUI drug cases.

A DUI drug charge counts as a first offense. If this is your first DUI, whether you get an alcohol DUI or any other type of DUI within the next 10 years, that would be your second offense. A DUI drug offense is considered priorable, meaning it will be on your record.

A DUI drug conviction can do many negative things, including keeping you out of Canada! A conviction can mess with you when trying to rent or buy property, with specific professional licenses or liquor licenses, and for insurance purposes. Your insurance company may drop you, or your rates will increase exponentially and often remain incredibly high for at least four or five years.

The best way to get the least amount of penalties and minimize the damage of a DUI drug charge in San Francisco is to hire the best DUI lawyer you can. You’ll want a lawyer who has experience with the county you were in and someone who mainly does DUI defense.

You also want to ensure that your lawyer is a member of the California DUI Lawyers Association and the National College for DUI Defense. These significant credentials ensure that your attorney is keeping up with all the latest defenses and that they focus on DUI. This way, your attorney is focused on getting the best possible results for their clients who were arrested for DUI drugs or drug driving.

With the guidance of a skilled attorney for DUI Law Cases, you can have the peace of mind of knowing that the Law Firm of Aaron Bortel will make it look easy.

For more information on Penalties For Drug DUI Conviction In SF Bay Area, 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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