Fullerton DUI Drug Offenses Attorney
In California and throughout the United States, it is a crime to operate a motor vehicle under the influence of mind-altering substances, such as alcohol and many illicit drugs. Driving under the influence (DUI) is not only incredibly dangerous for the impaired driver, but also every other driver around them. DUI accidents can easily cause severe or fatal injuries and significant property damage, and the impaired driver will face liability for these civil damages in addition to criminal prosecution for DUI.
Fullerton, CA residents must understand that DUI violations can manifest from irresponsible consumption of not only alcohol but other drugs as well. Additionally, an impaired driver can face DUI charges after taking legal substances like prescription or over-the-counter medications. If you or a loved one have been charged with a DUI for drug use, contact our firm. It’s vital to speak with a Fullerton DUI drug defense lawyer as soon as possible to determine your best available defenses.
At the Law Offices of Christopher J. McCann, our team understands how damaging a conviction for drug DUI can be to a person’s life and reputation. We aggressively defend our clients’ rights and strive for case dismissal whenever possible. Rest assured, our team can assist Fullerton, CA clients in the most complicated DUI drug offense cases.
Is It Worth Getting an Attorney for a DUI?
While a first-time DUI charge may seem inconsequential to some, it is unwise for anyone to attempt to represent their own criminal defense. Doing so leaves a wide margin for procedural errors, paperwork inaccuracies, and misunderstood legal statutes. It is unlikely that anyone charged with a DUI drug offense will be able to successfully defend themselves on par with a Fullerton DUI drug offenses attorney.
When you are facing a DUI charge, there may be criminal and civil charges on the table. Your Fullerton DUI drug offenses lawyer can help you navigate the complicated legal proceedings to follow. Many people charged with DUI drug crimes choose representation from public defenders free of charge. These attorneys are available to anyone who cannot afford or does not wish to pay for legal counsel. However, due to various circumstances, they can rarely offer the same level of individual attention that a private Fullerton DUI drug offenses attorney could provide.
Your Fullerton DUI drug offenses lawyer will ensure due process is followed at every stage of your interaction with the California criminal justice system. They will also verify the integrity of the evidence the prosecution has compiled against you and determine whether it was obtained legally and what legal challenges it may pose in your case. In any criminal DUI case, the burden of proof lies on the prosecution. Your Fullerton DUI drug offenses attorney’s job is to identify inconsistencies with the prosecution’s evidence to prevent them from meeting this burden of proof and to uncover exculpatory evidence that supports your side of the case.
Is a DUI Considered a Drug Charge?
Some DUI charges also fall under the purview of drug charges and vice versa. California state lawmakers recently enacted new legislation that reduced the minimum penalties and even some felony classifications of certain crimes. Depending on the circumstances of a DUI arrest, it is possible for a driver arrested for DUI for drug use could face drug charges. For example, if the impaired driver were under the influence of cocaine and caused an accident, they could face a possession charge if they had a baggie of cocaine on their person for their own consumption. However, if they had several baggies in the car prepared for sale, they could face drug trafficking charges in addition to the DUI and possession charges.
In most DUI cases involving drug use, the charged driver consumed the drug in question for personal reasons. In most of these situations, if the driver had not gotten behind the wheel, they may not have faced any criminal charges at all. California has some of the most relaxed drug laws in the country, but state prosecutors pursue convictions in DUI cases very aggressively.
Can a Fullerton DUI Drug Offenses Lawyer Beat a DUI Charge?
In any criminal matter, the burden of proof rests on the prosecution. This is a cornerstone tenet of American due process, which ensures every accused individual is innocent until proven guilty beyond a reasonable doubt. The prosecution relies on physical evidence gathered by arresting officers and the suspect’s own statements to build their case. The Fullerton DUI drug offenses attorney’s job is to point out weaknesses or flaws in the prosecution’s evidence and/or find exonerating evidence that clears a client’s name or other evidence that reduces the significance of the charges they face.
Yes, it is possible for a Fullerton DUI drug offenses attorney to beat a client’s DUI charge through accurate and measured interpretation of available evidence. It may also be possible to defeat a DUI drug offense charge if the defendant was mistreated during arrest or booking. Likewise, if the police or other members of the California criminal justice system violated the defendant’s civil rights at any time, the case may be disputed. A good Fullerton DUI drug offenses lawyer can identify procedural failures and due process violations that can potentially have a case thrown out entirely.
How Long Can a DUI Case Stay Open?
Some criminal cases are easier to navigate than others. The amount of time required to reach a conclusion in any DUI drug offense case hinges on the case's complexity and the clarity of the available evidence. Most DUI cases in California reach their conclusions within two to six months of opening, but some can take much longer depending on countless unpredictable variables.
In California, state prosecutors pursuing a DUI case must also meet the state’s statute of limitations. A misdemeanor DUI case in California has a statute of limitations of one year, while a felony DUI case has a three-year time limit in which the prosecution must file their charges. Additionally, California state law dictates that a conviction remains on an individual’s public record for up to ten years. Ultimately, a DUI drug offense can affect a defendant’s life in many ways for years to come.
Defending Yourself Against a DUI for Drug Use
DUI cases involving drug use typically present greater challenges for prosecutors than DUI cases for alcohol use. This is due to the simple fact that it is much easier to objectively measure impairment from alcohol using chemical screening. In contrast, it is much more difficult to accurately assess blood toxicity from drug use, and every drug metabolizes in the human body at a different rate.
The chemical properties of some illicit substances can also pose problems for consumers, even if they do not drive impaired. Some drugs can affect the user for several hours or even days, while others are only effective and impairing for a short time but remain detectable in the bloodstream for far longer. If a driver is pulled over for a moving violation and the police identify probable cause to test them for drugs, they may face a DUI drug offense charge even though they were not intoxicated at the time of the arrest.
Your Fullerton DUI drug offenses lawyer can defend you against a DUI for drug use in several ways, including:
- Identification of due process violations.
- Identification of violations of the client’s Constitutional rights, such as failure to read a suspect their Miranda rights during arrest or refusing to allow a booked suspect to make their three legally allowed phone calls.
- Challenging the authenticity and integrity of the prosecution’s evidence.
- Identification of past false positives and other botched test results from the prosecution’s chosen forensics lab.
- Identification of symptoms of normal conditions mistaken for symptoms of drug use. For example, an attorney may strive to prove an arresting officer mistook a fatigued driver for an intoxicated one.
Ultimately, there are many potential defenses to which your Fullerton DUI drug offenses attorney might defer depending on your case's exact circumstances.
Potential Penalties for DUI Drug Offenses
California prosecutes all DUI violations aggressively. A convicted suspect will face fines, mandatory drug counseling, mandatory completion of DUI education and safety courses, and even jail time. It is essential for anyone in this situation to connect with a Fullerton DUI drug offenses lawyer as soon as possible. Building your case sooner rather than later ensures the freshness of available evidence and the opportunity to get ahead of state prosecutors with the help of an experienced Fullerton DUI drug offenses lawyer.
A DUI conviction for drug use can not only lead to significant legal penalties but also personal and professional penalties as well. An individual charged with a DUI drug offense could potentially lose parental custody rights or visitation. They might even lose their license to practice professionally in their community. A conviction for a DUI for drug use can have far-reaching consequences for years to come.
When you or a loved one require reliable legal representation from an experienced Fullerton DUI drug offenses lawyer, the Law Offices of Christopher J. McCann, APC can help. Contact us to schedule a free case evaluation from a Fullerton DUI drug offenses attorney with solid experience handling cases just like yours. Our team will evaluate your position and let us know how our firm can help.