Sunday, May 20, 2012

A Follow-Up to California Laws on DUI Drugs (DUID)

With the recent cases dealing with DUI arrests and breath test cases with a breath test results of .00%, there has been a litany of questions how a prosecutor can file drunk driving charges in these types of cases.  It's simple.  VC23152a says that a person can be charged with full DUI for drugs only, no alcohol is needed.  Therefore, if a blood or urine test shows some drug that has impairing effects and that drug can be corroborated by the cop who made the arrest, a DUID charge will be pursued.  With that in mind, it does not automatically mean that a conviction will occur.  There may exist many defenses to the case that a lawyer can help develop.  DUID Attorney Matthew Ruff for example tells us that under the influence of drug cases can often be difficult to prove beyond a reasonable doubt.  Most drugs do not have a per se level of impairment and so that will hinder many criminal prosecutions in Court.  Prescription drugs are particularly hard to quantify impairment levels. One thing is clear California DUI Laws do allow a D.A. to file charges and they will, so get a law firm that knows the ins and outs of DUID.