They are typically going to make you do a driving course, 3 months, 6 months, 18 months, 30 months, usually these are different courses in LA County depending upon how many DUI's you have in your past, how high your blood alcohol was and what your age was. Driving under the influence of drugs is covered under California Vehicle Code 23152f.
Alcohol Program, Probation, Jail Time
So these are all different courses that they are going to make somebody take. Usually, on a first offense, it's going to be a 3 months alcohol program. Also, they are going to put you on probation, typically for 3 years.
I sometimes see 2 years. I also sometimes see 5 years so how good you did and how well your lawyers are negotiating are probably going to dictate how long you are put on probation for a drug-related DUI.
Other things they can do is for a first offense, they can put you in jail for up to 6 months. For any offense thereafter it can be for up to a year.
If you get a fourth time DUI or if you seriously injure somebody you could be looking at 3 years in prison. So they are taking DUI cases very seriously.
Other things that they can do in DUI drug-related offenses as it relates to driving is they can make you do community service, community labor, the PAUSE program.
There is a whole slew of things. They can make you do an alcohol course, they can make you wear a SCRAM bracelet on your ankle to detect alcohol or drugs and they can also order you not to use any drugs or alcohol while you are on probation.
So it's really going to be dependent upon what you did, how good your lawyers are at negotiating, what the prosecutor's feeling is about, your dangerousness level and also the judge will weigh in on a drug-related DUI as well.
DUI Attorney Using Blood Tests To Defend Client
The reality is most of the time whatever those drug results are as it relates to a DUI case, if you've come to me then you probably have been arrested and are going to be charged with a DUI, the prosecutors are going to use those drug results against you.
Of course, like with anything, there is always another side to the story. So depending on what those blood results look like, depending on the testing that is done, there are a lot of different procedures that need to be met.
If we feel there is a problem with the drug results related to a DUI then we can hire our own expert, a defense expert to be able to attempt to test and look over to try and challenge the results and attack them because without those results, typically they cannot prosecute you for a DUI.