Lakewood Drug DUI Lawyer
Lakewood Drug DUI Attorney
Being charged with a drug DUI can be a frightening situation and can have lasting impacts on your life. If you have been arrested for a DUI, a Lakewood drug DUI lawyer can help you with your case. They can advocate throughout the proceedings, from initial arrest to final verdict.
About Us
The Law Offices of Christopher J. McCann, APC, has spent over 15 years assisting the people of Lakewood and Southern California with their drug DUI cases. Our founder, Christopher J. McCann, was named a “Rising Star” by Southern California Super Lawyers Magazine from 2009 to 2015 and received a Super Lawyer rating from the same publication.
Overview of Drug DUI Cases in California
Driving under the influence (DUI) cases are a serious public health concern across the country. In 2023, there were 4,061 traffic fatalities in California. The most recent data from 2021 showed that 50.3% of all drivers killed tested positive for legal or illegal drugs.
DUI laws change depending on the substance consumed. The legal blood alcohol level (BAC) in California is 0.08 percent. For drugs, the laws are less defined, with no official limit, only specifying that it is illegal to drive while under the influence of any drug.
DUI cases are heard at Bellflower Courthouse, located at 10025 East Flower Street, Bellflower, CA 90706.
Penalties for a Drug DUI in Lakewood
Drug DUIs and alcohol DUIs carry the same legal structure when establishing penalties. The following are the potential punishments for counts of DUI with no aggravating factors:
- First offense is punishable through a county jail sentence of at least 96 hours and a fine between $390 and $1,000.
- Second or third offense within 10 years of a previous condition carries a penalty of fines between $390 and $1,000, imprisonment of up to one year, and designation as a habitual traffic offender for three years.
- Fourth offense can result in the same level of fines, a jail sentence of between 180 days and a year, and a license revocation.
Common Defenses in Drug DUI Cases in Lakewood
The undefined nature of drug DUIs allows for many valid defenses against charges. A few common strong strategies you may use include:
- No impairment: The prosecution must prove that you were impaired. Having drugs in your system, such as prescription medication, is not enough to be convicted of a DUI.
- Medical conditions that mimic impairment: Pre-existing conditions may appear as impairment when a person is safe to drive.
- No probable cause: Police must have a reason to pull you over.
- Challenging field sobriety tests: Field sobriety tests are subjective and often confusing.
- Debate the chemical tests: Chemical tests, such as blood and urine screenings, must be handled with care, and a mistake in the chain of custody can compromise the results.
- Improper police actions: Police must follow procedure during the arrest. Any failure of duty can be used in defense.
Hire a Drug DUI Lawyer
Being arrested for a drug DUI in Lakewood is a frustrating and intimidating event. Hire a drug DUI lawyer to help you navigate your case. Your Lakewood drug DUI attorney can be at your side for every stage of your charge, starting at initial booking and continuing until the final verdict. They can advise you on what defense may work for your case.
If conviction seems likely, your drug DUI lawyer from The Law Offices of Christopher J. McCann, APC, can negotiate a plea bargain that mitigates its impact on your life. This can include shorter times spent in jail or prison, lesser fines, and a sentence for a lower-level crime such as reckless driving.
FAQs About Lakewood, CA Drug DUI Laws
How Much Does a Drug DUI Lawyer Cost in California?
How much your California drug DUI lawyer costs depends on the workload your case requires, the complexity of the case, and the severity of the charges. A first-time offense with no one injured tends to be less expensive than a case involving multiple harmed parties that requires lengthy litigation. Another element to the price is the billing structure, with different firms using retainer expenses, hourly rates, or a flat fee model.
Does a Drug DUI Stay on Your Record in California?
In California, a drug DUI will stay on your criminal record indefinitely, but after completing the terms of probation or penalty, you may petition to have it expunged. Even if expunged, it will count as a previous conviction for future infractions within ten years. The California DMV keeps records of all DUI convictions for ten years. They may keep a longer record if the case is a DUI with injury or a felony case.
Can You Be Charged With a Drug DUI if You Have a Prescription in California?
In California, you may be charged with a drug DUI even if you have a prescription for any substances in your system. The laws around DUI specify impairment, so if the state can prove you were impaired, it may not matter what substance you took. Prescriptions can be used as a valid defense if you can prove that there was no impairment to your driving capabilities.
Are You Required to Have a Lawyer for a Drug DUI Charge in California?
California does not require you to have legal representation in your drug DUI case, but hiring one can make a positive difference in your charges. An experienced drug DUI attorney can bring knowledge of the legal system to aid you and represent you in the proceedings. They can help you get a case dismissed or negotiate a deal with the court that lessens the conviction’s impact on your future.
Speak With a Lakewood Drug DUI Attorney Today
The Law Offices of Christopher J. McCann, APC, understands that you are more than a few poor choices. Our team has the knowledge and experience to make a positive impact on your case.
Contact us today for a free consultation, where we can learn your story and provide you with potential legal options. You may also visit our Lakewood office, located on Clark Avenue, a block south of Mayfair Park and next to the post office.
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