Driving Under the Influence (DUI) is a serious offense and can have severe consequences. In California, getting charged with a DUI can result in fines, license suspension, and even jail time. When it comes to DUI cases involving drugs and alcohol combined, the situation becomes even more complex and your are advised to consult with an Orange DUI attorney. In this article, we will discuss the legal implications, defenses, and penalties of a DUI involving drugs and alcohol combined in California.
Understanding VC 23152(g)
In California, drunk driving offenses fall under Vehicle Code section 23152. This section defines the various DUI offenses, including VC 23152(g), which states that it is illegal to operate a vehicle under the influence of both drugs and alcohol.
To be charged with a DUI involving drugs and alcohol combined, law enforcement must have reasonable suspicion that you are impaired by both substances. They may use various methods, such as field sobriety tests, blood tests, or drug recognition evaluations, to determine if you are under the influence of drugs and alcohol.
Defenses for DUI
If you are facing a DUI charge involving drugs and alcohol combined, it is crucial to consult with a skilled Orange DUI attorney. They can help you understand your rights and build a strong defense strategy. Here are some common defenses that can be used in these cases:
1. Lack of probable cause: If law enforcement did not have a valid reason to stop your vehicle or arrest you, it may be possible for your Orange DUI attorney challenge the legality of the traffic stop or search.
2. Inaccurate drug tests: The accuracy of drug tests can sometimes be disputed. Your Orange DUI attorney can challenge the reliability of the test results and question the procedures followed by law enforcement during testing.
3. Invalid field sobriety tests: Field sobriety tests are subjective and can be affected by various factors, such as fatigue or medical conditions. Your Orange DUI lawyer can question the officer’s interpretation of the test results.
4. Prescription medication: If you were using prescription medication at the time of the arrest, your Orange DUI attorney may argue that the medication does not impair your ability to drive.
Penalties for an Orange DUI
The penalties for a DUI involving drugs and alcohol combined in California can be severe. The specific penalties will vary depending on factors that your Orange DUI attorney will discuss with the Orange County District Attorney such as your prior DUI convictions and whether there were any aggravating circumstances. Here is an overview of potential penalties:
1. License suspension: A first-time offender may face two license suspensions: a six month suspension and a four-month suspension. Repeat offenders will face longer suspensions or even permanent revocation of their driving privileges.
2. Fines: DUI fines can range from $2,300.00 to $10,000.00. Repeat offenders generally face higher fines.
3. Probation: DUI offenders often face probation, mandatory alcohol programs, and community service.
4. Jail time: Depending on the circumstances of the offense, jail time can range from zero days to several years. Repeat offenders or cases involving injury or death may result in lengthy prison sentences.
Why You MUST Consult with an Orange DUI Lawyer
Navigating a DUI involving drugs and alcohol combined on your own can be overwhelming. Hiring an Orange DUI attorney who specializes in these types of cases can greatly increase your chances of a favorable outcome. A skilled Orange DUI lawyer will thoroughly analyze the evidence, challenge the legality of the stop and arrest, and identify any weaknesses in the prosecution’s case.
Additionally, an Orange DUI lawyer can negotiate on your behalf with the prosecutor to potentially reduce the penalties or have the charges dismissed. They will provide guidance throughout the legal process, ensuring that your rights are protected and that you understand the potential consequences of your choices.
Conclusion
Facing a DUI charge involving drugs and alcohol combined in California is a serious matter that requires expert legal assistance. The penalties for such offenses can have a long-lasting impact on your personal and professional life. By hiring a knowledgeable Orange DUI attorney, you can increase your chances of a successful defense and potentially mitigate the consequences. Remember, it is vital to act promptly and seek professional legal advice to ensure the best possible outcome for your case.