Can a lawyer help with driving under the influence of alcohol and marijuana? 13 Answers as of October 03, 2010

I was arrested in California for 11550 (a) HS and 23152 (a) VC. The officers claim that I was driving under the influence of alcohol and marijuana. They took a blood test even though I was not on any drugs and I do not think that they have any other proof that I was. Can a lawyer help me beat these charges?

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Hale Law Group
Hale Law Group | Joshua D. Hale
Yes. I can help you beat these charges if you were not under the influence of any drugs or alcohol.
Answer Applies to: California
Replied: 10/3/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Beat the charges? That would mean you think you can win if you go to trial. I will be happy to do so if I agree, and as long as you understand that if you are wrong, and instead are convicted, that you face sentencing to the full amount of jail time under the law. What can you do? Defend the charges. Go to court, enter your not guilty plea if appropriate, arrange bail or OR, set up and attend your court hearing[s] and trial date, file your motions as applicable, go to trial if you can't resolve it with a plea bargain. You can raise all your defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for plea bargaining or at trial. There is no magic wand to wave and make it all disappear. If you do not know how to do these things, then hire an attorney that does, and can likely get a decent plea bargain for you. If serious about doing so, feel free to contact me.

Keep in mind: When you are arrested for DUI, upon release from jail or booking, you were given documents that include a notice from DMV that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic one-year suspension of your license. Contact DMV and do so, timely. You can hire an attorney for that hearing as well.
Answer Applies to: California
Replied: 9/29/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
It sounds like you definitely need an attorney.
Answer Applies to: California
Replied: 9/29/2010
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Generally speaking, based on your description below as I understand it, the short answer is Yes. I would need to ask some more detailed questions to give a more informed response.
Answer Applies to: California
Replied: 9/29/2010
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes. In fact, marijuana DUI's are more defensible than alcohol DUIs, because there is not a specific number the prosecutor can rely on. On the other hand, you should talk to a lawyer immediately, because HSC 11550(a) can have significant jail time, far more than the standard DUI, and prosecutors will usually not back down on a marijuana DUI when you are representing yourself, even when they know you have a good case.
Answer Applies to: California
Replied: 9/28/2010
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    I would need to know more details. But: marijuana stays in your system for days, so the presence of marijuana in your blood is NOT proof of being under the influence. Feel free to contact me for a free a consultation.
    Answer Applies to: California
    Replied: 9/28/2010
    V U.S.A. Law Offices
    V U.S.A. Law Offices | Michael Vu
    Your case has two separate charges, one is for being under influence of marijuana, which is a separate charge by itself, and driving under influence of alcohol or drugs, which is another charge. The blood test would confirm if there was marijuana in your system and whether or not your alcohol level was more than .08% if you are over 21 or older, or 0.05% if you are under 21. If above, you would be charged. Otherwise, it is not sufficient evidence to charge you with these offenses.
    Answer Applies to: California
    Replied: 9/28/2010
    Desert Defenders
    Desert Defenders | John Jimenez
    Yes, a good criminal defense attorney can help you to beat the charges.
    Answer Applies to: California
    Replied: 9/28/2010
    Law Offices of Juan Dotson
    Law Offices of Juan Dotson | Juan Dotson
    Yes, cops make mistakes and sometimes they are overzealous. The strength of their case rests on the results of the blood test and their observations of your driving prior to your detention.

    You need to speak to an attorney soon about your DMV hearings rights and whether the police had probable cause to conduct this investigation.
    Answer Applies to: California
    Replied: 9/28/2010
    Wise Law Group
    Wise Law Group | Michael J. Wise, Esq
    A properly trained and experienced lawyer should be able to help you defend those charges. If they suspected you were under the influence of anything other than or in addition to alcohol, they will have taken a blood sample. That sample will reveal the presence of substances in your system at the time of the test, though not necessarily the time you were driving.
    Answer Applies to: California
    Replied: 9/28/2010
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    Yes you will need the assistance of an attorney. If you are being charged with both a DUI (23152(a)) and being under the influence of a controlled substance (11550) understand that there is a mandatory minimum jail time of 90 days. The main issue is if the police are claiming you were under the influence of marijuana or something else. From the sound of the charges, the police are claiming you had some other drug in your system. An attorney who is familiar with drug DUIs can offer a tremendous assistance to you. An attorney can go through the FSTs, blood results, and overall police report. Additionally, you have only 10 days to request a hearing from the DMV. Your attorney can assist you in retaining your drivers license.
    Answer Applies to: California
    Replied: 9/28/2010
    The Law Office of Denis White
    The Law Office of Denis White | Denis Hurley White Jr.
    HS11550 is not possible if only alcohol and marijuana. HS11550 covers things like methamphetamine, cocaine, etc., and certain prescription meds if you do not have a prescription for them. If there are no drugs in your system you don't need a lawyer to beat that charge. If you were under the influence of alcohol though, consider hiring a lawyer.
    Answer Applies to: California
    Replied: 9/28/2010
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