My question involves criminal law for the state of: Calif
Facts: Legal Rx from doctor for years for severe documented pain. Coming from Doc office, pulled over for DUI (Drug not alch) Field Sobriety Test not done because of injury and this is documented on police report. Tox report came back positive for illegal substance taken night before for pain. I was told this was the same chem I had rx for (dumb, dumb, dumb dumb decision). Substance found in car (dumb dumb dumb decision). Because of charge of DUI I'm being told Prop 36 is not a option. I have been in a program for three months, documented, clean tests, 3hr 3x a week therapy, meetings, programs and I have been paying. Court date is approaching. What are my chances court will keep me in this program (certified program)? I work full time, have had the same career for 20yrs, documented excellent employee, not a threat, etc. DA wants me in jail. What would the sentence be for poss of a controlled sub, under the inf of controlled sub, DUI for first time offender. Im terrified beyond all reason right now. I've been off all meds for months and now am looking at jail when Ive been working so hard.