Walnut Creek Drugged Driving Defense

The Criminal Law Pertaining to Drug Impaired Driving Charges in Walnut Creek

Drug impaired driving or drugged driving is a charge under the provisions of the Criminal Code. The California Vehicle Code Section 23152(e) VC clearly states that driving under any kind of influence is a criminal offense. A driver should be sober at the wheel. Any sign of impaired driving and the law enforcement has the right to demand a drug test among other examinations. Drivers should not be under the influence of alcohol, drugs or both.

The law does not differentiate between legal and illegal drugs as far as impaired driving is concerned. The charges become more severe if the drugs are illegal but impaired driving as a result of over the counter medicines or prescription drugs will also lead to a DUI booking. Many medicines sold over the counter and prescription drugs come with clear warnings that patients or users should not take them before driving or while driving. These drugs have been known to influence or cause impairment and a DUI charge is applicable in such a scenario.

Drugged driving can lead to harsh punishment including fines and penalties, jail terms, license suspension, therapy or rehab and community service among others. However, the guilt of an accused must be established in a court. Hence, your drugged driving defense will play a critical role. Such cases go to trial and DUI lawyers in Walnut Creek have to counter the prosecution on technical grounds. The evidence used in the case, the samples taken for drug tests, the actual testing by a certified technician, the process of arrest and protection of the rights of the defendant among other legal aspects must be looked into and explore to mount an effective defense against charges of driving under the influence of drugs in Walnut Creek, California.

Drugged driving defense has to be mounted as soon as possible. Time is of essence in such cases because lawyers need to visit the site, samples have to be considered, the technicalities should be explored and eyewitness accounts among other references must be sought before it is too late. A cop has the right to demand samples only when there is reasonable suspicion of a person being under the influence of drugs while driving. The policy can conduct a field sobriety test. Blood or urine sample may be taken for a drug test. A breathalyzer may be used to measure the blood alcohol concentration. There are clear guidelines for the law enforcement to conduct these tests. If the proper process is not followed, then our DUI lawyers in Walnut Creek can get the case dismissed in the court.

Do Not Hesitate To Contact Us If You Have Received A DUI Offense in Walnut Creek

Drugged Driving Penalties in Walnut Creek, California

Drivers who fail the field sobriety test will have their license confiscated by the police. A case needs to be made at the DMV to contest the charges. This is a separate matter from the arrest and subsequent charges filed by the police and the case being presented by the prosecution in a courthouse. There are penalties including fines. There is provision for jail term and a few other punishments. The immediate confiscation of license will be temporary unless an accused is found to be guilty of driving under the influence, after the results of the tests are available, in which case the license gets suspended for up to six months. The suspension can be longer for repeat offenders. Those who violate the three strikes law may have their license suspended for life. This suspension has nationwide implication.
 
You should immediately seek legal representation when you are charged with driving under the influence of drugs, regardless of the substance you had taken or not, whether or not the extent of impairment was serious enough for an arrest. The only instance when you do not need legal representation is if the test results are found to be negative and no drug or alcohol is found in your system. You need specialized DUI lawyers who are experienced at trials, not just consultation.

Drivers who fail the field sobriety test will have their license confiscated by the police. A case needs to be made at the DMV to contest the charges. This is a separate matter from the arrest and subsequent charges filed by the police and the case being presented by the prosecution in a courthouse. There are penalties including fines. There is provision for jail term and a few other punishments. The immediate confiscation of license will be temporary unless an accused is found to be guilty of driving under the influence, after the results of the tests are available, in which case the license gets suspended for up to six months. The suspension can be longer for repeat offenders. Those who violate the three strikes law may have their license suspended for life. This suspension has nationwide implication.
 
You should immediately seek legal representation when you are charged with driving under the influence of drugs, regardless of the substance you had taken or not, whether or not the extent of impairment was serious enough for an arrest. The only instance when you do not need legal representation is if the test results are found to be negative and no drug or alcohol is found in your system. You need specialized DUI lawyers who are experienced at trials, not just consultation.

Prescription Drugs and Driving under Influence in Walnut Creek, California

It is easier to establish driving under the influence of alcohol because only one substance needs to be tested and a blood alcohol concentration of 0.08% or more is sufficient for a booking. Drugs, legal or illegal, have varying effects and they do not leave the same traces in the systems. Some prescription drugs can emulate or cause the effects of alcohol and can hence lead to impaired driving. Such cases are debatable and this is why you need the expertise of an experienced DUI lawyer in Walnut Creek. Our DUI lawyers obtain firsthand information, study the evidence, investigate the case, inspect the site and review the merits of the charges as filed by the law enforcement to mount a defense strategy that will prove your innocence in a court. Do not delay the appointment of a DUI lawyer or seeking legal representation.

For a String of Drug Impaired Driving Defenses, Contact Our Walnut Creek DUI Lawyer Today

For a Drug impaired driving offense, contact our DUI Lawyers immediately. We have the experience to defend these cases in the courts of Walnut Creek, California. Our investigators will visit the scene where the incident occurred in order to get first-hand information of the evidence collected by the prosecution. This helps in preparing a strong defense and the cross-examination of witnesses. To receive more information about our outstanding defense strategies, call us today.