What Are The Penalties For A Drug DUI Conviction?

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For a DUI related from substance other than alcohol, the penalties are the same as they would be if it were alcohol. On a first offense, they can give you a $500 fine, up to 6 months in jail, revoke your driver’s license for 180 days, impound your vehicle for 10 days, give you community service for 50 hours, and demand that you get an evaluation for counseling and follow the recommendations in the DUI school. If it is a second, third, or fourth offense, the penalties graduate as you move up the scale. They become a little worse and a little more difficult, but the penalties in reference to what the substance was are not going to be any different for alcohol than for a particular drug.

Do Drug DUI Cases Often Carry Additional Drug Related Charges?

If you are pulled over and they suspect that you are impaired, either by alcohol or another substance, they are going to search your vehicle, you, and the containers within your vehicle, in an attempt to find something. If they find something, they are going to charge you with two things. They are going to charge you with the DUI, and they are going to charge you with the possession charge. It’s generally not in lieu of, but oftentimes in conjunction with. They are not able to charge you with the possession, if it’s something that’s in your system, but oftentimes in a drug related DUI, they will find some substance within the car or on that particular person, and they will charge you with that crime in addition to the DUI.

What Happens If I Had An Alcohol DUI And Now I Have A Drug DUI Offense? Is It A Second Offense?

Both alcohol and drug DUIs fall under the heading of DUI. Now we are talking about a second DUI, the penalties will be the same. There is a potential that the counseling that they mandate would be different, but the penalties could potentially be the same. They are going to a minimum, on a second offense, of a $1,000 fine, up to a 5-year driver’s license suspension, and a minimum of 10 days in jail. There is a 30-day vehicle impound, the second phase of DUI School, and then the counseling is part of the DUI School. Depending on the substance in there, that’s going to change what they recommend.

Will I Be Required To Have An Interlock Device Installed For A Drug DUI Conviction?

There is no ignition interlock requirement on a first DUI, for a drug-related DUI. There is an ignition interlock on a second DUI, whether or not it is drug-related. All second or subsequent DUIs are going to require an ignition interlock in a DUI that is a 0.15 or above in a breath test, but they do not have any requirement on a first DUIs for an ignition interlock, for a drug related DUI.

How Big Of A Role Does Science Play In Defending a Drug Related DUI Case?

There is a lot more science involved with DUI drug cases, where there is an actual test of your blood, or where there is an actual chemical lab result. It may require us to get an expert witness to evaluate those lab results. We may get an expert witness who would be able to extrapolate from the time of the stop to the time that you were actually tested, to see where the chemical results may have been different—because the only time that is relevant, the only time that matters, is the time when they stop you. What condition you may have been in when you get to the jail doesn’t matter. It’s a common scenario that someone takes the prescription medication, drives to where they are going, gets stopped for minor traffic infraction, but the cop takes a long time at the scene. The driver is now intoxicated from these medications, whereas if they have been allowed to proceed, they would have gone to where they were going, had something to eat, and wouldn’t have had any of these issues.

What Are Some Of The Collateral consequences Associated With A Drug DUI Conviction?

The collateral consequences that can come from the drug related DUI are that they are going to usually mandate a little more counseling that’s involved in there. They are going to take a second look at it to see what the substance was, and to see if there is an addiction problem. They do that with alcohol, but not to the same extent that they would with a drug related DUI. The other collateral consequence that may come out is if they were to pull you over and look at it, there is a chance that the next time you get pulled over, if the officer sees that it was a drug related DUI as opposed to an alcohol related DUI, they are going to be a literally more tempted to try and figure out a way that they can search you or search your vehicle.

Why Is It Important To Hire An Experienced Attorney To Defend A Drug DUI Case?

The entire system at the courthouse is designed to try and intimidate you into taking a deal that you probably shouldn’t take, or should at least get someone to look at. The prime example is what we have talked about previously in reference to Drug Recognition Experts. Their 80-hours of training does not make one an expert. They have changed names to Drug Recognition Evaluators, but it’s a typical thing that’s out there where they are saying, “Look, there is a drug test showing a positive result.” That positive result without quantifying it can become an issue. You really need someone who knows what they are doing to look at these cases. Something that may seem insurmountable, may be absolutely worthless for the prosecution’s case. Hiring that attorney who’s been doing this for as long as we have, we are able to pick it apart pretty quickly, and tell you where we need to stand, what information we need to get, what witnesses we need, and how to really attack the charge.

For more information on Penalties For Drug DUI Conviction, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (239) 263-4384 today.