If you’ve been charged with Sacramento DUI drugged driving, it’s important that you get a good lawyer. This is a very serious charge and it could have long range implications that could potentially affect your life for years to come. The laws and penalties regarding drugged driving and Driving Under the Influence (DUI) are serious, so when you’re facing a DUI drugged driving charge, it’s a good idea to have legal representation.
What is DUI Drugged Driving?
In the state of California, it is illegal to operate a motor vehicle while under the influence of any drug. Additionally, it is also illegal for an individual who is addicted to a drug to operate a motor vehicle, unless they are currently participating in an approved narcotic treatment program.
There is no drug testing available in California that is used to determine if a person is under the influence of drugs. Rather, each case is handled individually and is under the discretion of the prosecutor. Any drug or chemical that is regulated by the government is a controlled substance, including medical marijuana. It is illegal to drive while under the influence of a controlled substance, so no testing limit has been set.
Penalties for Sacramento DUI Drugged Driving
A conviction for Sacramento DUI drugged driving will be subject to the penalties of a DUI. A drugged driving DUI will be considered as a prior offense for future DUI convictions and the penalties will be determined accordingly.
Penalties for a first offense:
• Immediate suspension of your license for a minimum of 4 months.
• Jail time of up to 6 months.
• Fines of up to $1,000 (additional penalty fines and legal fees are likely).
• $125 fee to have license reissued.
• Installation of an IID (ignition interlock device) as well as the fees this incurs.
• Participation in a DUI program. The length of the program will vary depending on your particular situation.
• SR-22 filing.
Penalties for a second offense:
Penalties for second and any subsequent DUI offenses will result in increased fines, jail time and penalties. An experienced DUI attorney will be able to provide more guidance regarding how these penalties increase with each subsequent DUI offense. Factors such as the time between offenses and the overall number of offenses will play a major factor in determining the penalties an individual will face for multiple DUI convictions.
What if I simply refuse to take a chemical test?
As part of obtaining a driver’s license in the state of California, an individual gives implied consent to undergo breath, urine or blood testing. If you refuse to take a chemical test, you will be fined $125, lose your license, and will be sent to jail. Additionally, this refusal can be submitted as evidence against you when you go to court. For a first refusal to submit to a chemical test, you would lose your license for a year. A second refusal will result in a 2 year suspension of your license, and a third refusal will be a 3 year suspension.
What is a California IID (Ignition Interlock Device)?
An Ignition Interlock Device or IID is a device that is wired to your vehicle’s ignition. The IID requires you to provide a breath sample before your vehicle will start. If the device detects any alcohol on your breath, your car’s engine will not start. Additionally, periodically, as you are driving, the device will require another breath sample. This prevents you from being able to have someone start your vehicle for you. At intervals that are not to exceed 60 days, the IID will need to be calibrated and inspected by an IID certified installer.
What is an SR-22 filing?
An SR-22 is simply a form that is obtained from your insurance company that provides the proof you need in order to demonstrate that you have liability insurance. This proof of insurance is necessary in order to have your driving privilege reinstated after a suspension due to a DUI or drugged driving conviction. You will typically be required to keep an SR-22 filed with the California DMV for 3 years. Not all insurance companies will offer an SR-22. When you ask your insurance provider for this proof of insurance, you might have your policy cancelled or your rates might go up.
Do I need an attorney?
A conviction for Sacramento DUI drugged driving can be complicated. There are a variety of factors that will be taken into account when determining your penalties. In order to ensure you get the best possible outcome for your case, it’s generally recommended that you seek the professional services of an experienced DUI attorney.