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Law Offices of Aaron Bortel

In California, we have different types of DUIs. On a first offense DUI, there is the alcohol DUI and the drug DUI. There is also the combination of alcohol and drugs DUI. Prescription drugs are often substances like OxyContin, Vicodin, or Ambien. For a DUI drugs, what needs to be proven by the prosecution is that the driver was not able to drive like a sober person would under similar circumstances due to a drug or a combination of drugs and alcohol. If there is an accident, bad driving, or someone seems very impaired on camera, then this is not overly difficult to prove.

California uses the Per Se Limit for DUI alcohol and that is calculated through formulas and breath or blood testing. In a drug case, the prosecutors need to be able to prove that someone was impaired and that is why they were driving the way that they were, and that they were a danger. There is a lot of questioning that goes on and they usually have a drug recognition expert come onto the scene to do a 12-step evaluation. When you have been pulled over on suspicion of a DUI, you don’t have to answer all these questions.

Once you are arrested for a DUI, then you are required to take a breath or a blood test and if they suspect drugs, they are usually going to make you take a blood test or a urine test. When they bring in the drug recognition expert officer, you are not required to do their 12-step evaluation, which involves going through the field sobriety tests again, taking your pulse, checking your pupils in a dark room, checking your pulse again, looking for needle marks, and asking you a lot of incriminating questions. You do not have to answer questions and you do not have to perform field sobriety tests. These tests are designed for you to fail.

You have to do certain testing; you have to do a blood test after you’ve been arrested for a DUI. If you don’t, then they will get a warrant and take a forced blood draw. You are not going to get away with anything by refusing it. These cases are a lot harder for the prosecution to prove when they have less evidence, especially when the driving is not that bad. If you don’t perform field sobriety tests or a 12-step evaluation for them, then they have a lot less evidence. Give your defense attorney something to defend you with by looking out for your own rights.

For more information on New Approach On DUI Charges And Prescription Medications, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 886-6333 today.

Aaron Bortel

For A Free Case Evaluation
Call Us 24/7: (415) 886-6333
Text Us Now: (415) 799-3419

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