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A driver arrested for drunk driving will face criminal charges in court as well as a potential Suspended driving license by the DMV. Typically a district attorney’s office will file a complaint charging two counts for the same DUI: the “a count” alleges driving under the influence of alcohol or a drug, while the “b count” alleges driving with 0.08% blood alcohol content or higher. The first, second, and third offenses within ten years are charged as misdemeanors, though a fourth offense can be charged as a felony.

The DUI can also be charged as a felony if the case involves an accident with injury. In some cases a DUI can be reduced to a “wet reckless” or even an infraction.

The standard punishment for a first offense is 48 hours jail (usually served in a work program), three years probation (five years in the City of Alameda and Napa), fines and fees totaling over $1,700, and completion of a driver safety program. For subsequent convictions within ten years the court is required to increase the jail sentence and length of the program, and frequently will order longer periods of probation and installation of an ignition interlock device in any vehicle operated by the defendant.

A wet reckless normally involves no jail time, a probation period lasting one or two years, fines and fees several hundred dollars lower than for a DUI, and possibly a shorter, twelve hour class.

A driver arrested for drunk driving must request an Administrative Per Se hearing (“APS hearing”) with the DMV within ten days of the arrest or his or her license will be suspended in most cases. At the hearing the driver’s counsel can challenge the DMV’s proof that the law enforcement officer had reasonable cause to stop the driver; that the law enforcement officer had probable cause to arrest the driver for a drunk driving violation; and that the driver had 0.08% blood alcohol content or higher (or that the driver refused to perform a chemical test).

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Using drugs such as prescriptions or marijuana can lead to DUID charges or arrest for driving under the influence of drugs. You cannot assume that it is acceptable to drive after taking a medicine prescribed by your doctor; you could still be charged and arrested for driving under the influence of drugsand i te effects on your suspended driving license. Some prescription medicines may inhibit your ability to safely drive a vehicle even though they were prescribed by your doctor or are an over-the-counter medication for that matter.

Many times people get arrested for driving under the influence of drugs because they have used marijuana or taken a prescription drug, and the officer stopped them for suspicion of DUI. The amounts of drugs you are allowed to have in your system and still drive vary from state to state. Some states, like Michigan, have zero tolerance and will arrest you if they can measure any amount of drugs known to affect motor functions in your system.

If a driver is exhibiting signs of being under the influence such as driving erratically and an officer sees this, the officer will pull you over on suspicion of DUI. Many police departments have what are known as Drug Recognition Experts (DRE), these experts have special experience dealing with drugs, and will be called by dispatch if a driver is suspected of being under the influence of drugs.

The Drug Recognition Expert will perform some preliminary tests and if they believe a person is really under the influence of drugs then they will require them to take a blood or urine test to see what their drug levels are. Prescription drugs, marijuana, ecstasy, cocaine, and meth can all slow down your motor functions, and they will show up on a blood test.

Generally, if a driver is suspected to be under the influence of drugs they will be asked to submit to a PBT or preliminary breath test to see if they have been drinking alcohol before they will have to take a urine or blood test. Many people assume if they pass the PBT with a BAC of less than.05% they will not be arrested at all because they are not getting a DUI, but you still could get a DUID.

In a growing number of states when an individual is suspected of being under the influence of drugs, the accused is not given a choice of which type of test they wish to take. A person suspected of being under the influence of drugs will be required to submit to either a blood or urine test. If the request is made for you to submit to a urine test you are more likely to fail because drugs leave the human body at a much slower than alcohol does.

If you get pulled over on suspicion of DUI on a Friday and get asked to take a urine test you could fail even if you consumed marijuana on Monday because it stays in your system for up to 30 days.

Some states, such as Colorado, also have charges called DWAI for when your BAC is between.05% and the legal limit of.08%. It is important to be aware of the limits for your particular state, and the fact that the legal limits may be changed at any time.

Over-the-counter drugs, prescription drugs, alcohol, cocaine, or meth can inhibit your mental and physical abilities to drive. These people are a potential threat to themselves, their passengers, and any pedestrians or motorists in their surrounding area.

Although the specific laws and levels vary by state, all states do have some type of law against driving under the influence of drugs. An example of one of these laws is the California motor vehicle code section 23152(a) which says that it is illegal for anyone who has been using drugs, alcohol, or any combination of drugs and alcohol to operate a motor vehicle in the state of California.

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you can get a restricted permit of driving license if you are eligible after the first 30 days of the suspended license. The remaining 60 days of the suspension can be eligible for the restricted permit if you

1) have a clean driving record, and

2) if you complete an alcohol screening.

You only need to complete the screening, and not the recommended follow-up treatment. This again assumes that you do not have any prior DUIs- if you have priors, you will likely be facing much more severe driver’s license consequences, most likely in the form of a revocation.

A license suspension means that your license and driving privileges have been taken away for a limited period of time, and that you will be required to pay a reinstatement fee to get your license reinstated at the end of the suspended license. If your license has been revoked, you will have to reapply for a driver’s license. In other words, if your license has been revoked, your license cannot automatically be reinstated, as the Motor Vehicle Division could deny your request for a new driver’s license.