I was charged 11550 (a) HS (under the influence) and 23152 (a) VC (DUI-Drugs). The thing is he had no proof I was on drugs, and I wasn't. He thought I was because my eyes were dialated, but they do that at night. I did admitt to having a couple drinks hours ago when he asked, but he didn't breathalyze me. He just took me to get a blood sample (not sure if it's for alcohol as well) and he threw me in jail. He also searched my vehicle and found nothing. Even if I were to come out positive for alcohol, would I be able to win because he charged me basically for drugs and I was clean and have been clean?
2 Answers from Attorneys
Re: DUI charge
You have a triable case and your chances for winning are rather good if all that you say is true. The DA will have to establish what probable cause the police officer had to pull you over. Were you speeding, swerving between lanes, did you have expired tags, etc.?
If the stop can be shown to be a legal one, then the DA will further have to show that the police officer had probable cause to believe you were under the influence. He didn't administer a breathalyzer, which is good for you. Did he administer any field sobriety tests?
Additionally, the criminal proceeding is but one of a two part process. From the date of your arrest, you only have ten days to set up an administrative hearing with the DMV. The DMV hearing is differnt than the criminal proceeding. The only thing they will determine is what if anything will happen to your license.
If you can afford it, I highly recommend you get private counsel to represent you. If you are serious about doing so, please contact me directly.
Best of Luck!
Re: DUI charge
If your blood comes back clean, the drug charge won't go forward. Just remember THC and its alkaloid stay in your tissues for 30-60 days depending on your usage. If even a trace is found, you've got a problem.