What can happen if I was arrested for a DUI and possible drug possession? 9 Answers as of August 08, 2011

I was arrested for a DUI. I passed both breathalyzers. There was a bag of spice and a wooden pipe found in my car but not on my person. What will happen? I have one prior DUI.

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
It depends on several factors.
Answer Applies to: California
Replied: 8/4/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
They can charge you with a DUI even if you blew under a .08 so it depends on what you mean you passed the breathalyzers. If you still registered some blood alcohol then you may be charged with a DUI even if you were under a .08. As far as the prior is concerned it will depend on how long ago you received your first DUI. If you are still on probation you are supposed to have no measurable amount of alcohol in your system so being a .01 can put you in violation. However, if it was more than 3 years ago but less than 10 it is still priorable and you can face jail time if you are charged with a second. Also you can be charged with simple possession and possession of paraphernalia or some other drug related offense for contraband that was found in the vehicle.
Answer Applies to: California
Replied: 7/27/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Nothing will happen unless the blood/breath test or the lab test of the substance comes back positive.
Answer Applies to: California
Replied: 7/27/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Just because you are arrested does not mean you will necessarily be charged. The DA has until your court date to decide whether to issue the case. If you truly passed the breathalyzers and the spice comes back negative then you may not be charged. If you are, a second DUI conviction within ten years carries a mandatory 96 hours in custody, a fine, an 18-month class, and various other possible penalties. The possession charge will probably not carry additional penalties other than for your license.
Answer Applies to: California
Replied: 7/27/2011
Law Office of Maureen Furlong Baldwin
Law Office of Maureen Furlong Baldwin | Maureen Furlong Baldwin
If you were not under the influence of alcohol and are not under the influence of drugs, they have no case. Most DA offices review the police reports before the cases get filed. If somehow your case gets filed, you obviously should fight it. You do not mention whether or not you were under the influence of drugs, just that there were no drugs in your car. Certain drugs are documented to interfere w/driving for example vicodin. other drugs are harder for the DA to get a conviction, for example methamphetamine.
Answer Applies to: California
Replied: 7/27/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    They may charge you with drug DUI, VC 23152(a). Contact a DUI specialist ASAP, because there might be a DMV action against you that requires timely action.
    Answer Applies to: California
    Replied: 8/8/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Did they take blood or urine? If not, how would they prove you were under the influence of drugs? Did they confiscate the pipe? Are you on probation for the prior DUI?
    Answer Applies to: California
    Replied: 7/27/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges. The charges determine how much time would be imposed if convicted. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 7/26/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You do not say if the cops gave you a blood test. If they did not and the breathe results were below the legal limit that is good for you. The cops may also have arrested you for having drug paraphernalia in the vehicle, but you do not say that. You also do not say if you are on probation for your DUI as that can have a major impact on what happens to you.
    Answer Applies to: California
    Replied: 7/26/2011
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