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  1. #1
    Join Date
    Jul 2016
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    2

    Default Possession of Controlled Substance and DUI

    My question involves criminal law for the state of: California, Santa clara county

    I crashed my car into a curb and police came. Arrested me for DUI (VC 23152(A)) and possession of controlled substance (coke) (<1gram) (HS 11350) According to my paper both are misdemeanors.
    These are both first offenses. I will be retaining a lawyer for my case but i was wondering what will happen?

    They gave me a field sobriety test, breathalyzer (did not tell me what i blew), and also took my blood.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Possession of Controlled Substance and DUI

    Your lawyer will get the particulars on the results of the FSTs and the chemical tests. Get your wallet out. The DUI itself is good for $1000 in fine plus $2600 in various other costs. The next sound you hear with be the DMV hitting you with a notice from the DMV threatening suspension of your license. If your lawyer wants to contest this the clock is ticking (ten days). You can expect not to drive for 4-6 months, and get an interlock device (in many counties) and many other hoops before you are reinstated. You'll cool your heals in jail for a couple of days and be subject to 3-5 years probation most likely.

    You could get up to a year on the coke. Misdemeanors are better than felonies but still nothing to sneeze at. There are some ways that you may avoid conviction (1000PC, prop 36, etc...) again you should be discussing this with your lawyer. It's going to cost you money in fines, costs, and rehab.

  3. #3
    Join Date
    Jul 2016
    Location
    Central Valley
    Posts
    39

    Default Re: Possession of Controlled Substance and DUI

    The police typically do not have to tell you what you blew. If you were arrested for drug DUI, it does not matter how much you blew, as breath testing equipment only tests for alcohol.

    Did you post bail or were you released on a Notice to Appear? Either way, you will have been given a court date. At that court date your legal process will begin. Typically it will be the arraignment, where you will enter a plea and have an opportunity to request a court appointed lawyer, if you qualify.

  4. #4
    Join Date
    Jul 2016
    Posts
    2

    Default Re: Possession of Controlled Substance and DUI

    Quote Quoting Sierra415
    View Post
    The police typically do not have to tell you what you blew. If you were arrested for drug DUI, it does not matter how much you blew, as breath testing equipment only tests for alcohol.

    Did you post bail or were you released on a Notice to Appear? Either way, you will have been given a court date. At that court date your legal process will begin. Typically it will be the arraignment, where you will enter a plea and have an opportunity to request a court appointed lawyer, if you qualify.
    i was released on a notice to appear. I will be finding my own lawyer.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Possession of Controlled Substance and DUI

    If charged for VC 23152(a) and not for the (b) subsection, that infers that they do not believe that your BAC will be over .08. Therefore, you do not have to be concerned with a license suspension in the short term, but, a conviction can result in a conviction. Was your license taken from you? Were you provided a DS 367 (aka an "Admin per se") form? Only if the DS 367 was issued should you have to worry about a suspension in the short term.

    NOW would be a good time to get into alcohol and drug treatment. Show the court that you are serious about kicking any alcohol or drug habit you have and then follow through with it and keep clean. NEXT TIME, and there will be a next time if you don't get a hint from this incident, you could kill someone!

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