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Does a positive blood test for cocaine mean automatic conviction for suspected DUI?

Cameron Park, CA |

On summary probation from 09 DUI in California arrested for second different county under suspicion of being intoxicated with marijuana, given blood test which will also test positive for cocaine. I wasn't high at the time but it was recent enough to definitely still be in my blood stream. There was no alcohol.

Attorney Answers 3

Posted

Automatic, no. Likely, yes.

However, I would need to know more about your prior, where you were picked up on your new case, ect. Prosecutor's will deal, but you need an aggressive attorney.

Contact me if you have more questions.

Elliot R. Zarabi, Esq.
(818)478-9895

Legal disclaimer: This is just my opinion and not a comprehensive answer. You assume the risk because this answer may not apply to your situation depending on the facts.

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2 comments

Asker

Posted

Thanks for the response was picked up at DUI checkpoint in el dorado county. Prior was contra costa county for alcohol only, .15 6 month classes.

Elliot Rahmim Zarabi

Elliot Rahmim Zarabi

Posted

3 years Summary Probation? You may have to go to jail for this, but as I said before, make sure you get an attorney. If you can't afford one, make sure you have the PD fight for you. The main difference between the PD and Private Counsel is that Private Counsel spends more time on your case with you and will work harder on a case like this. Let me know if I can be any help. Elliot R. Zarabi, Esq. (818) 478-9895

Posted

Based on your statement you possibly can be convicted for a 23152 a vc charge- driving while impaired. This essentially has the same effect as a 2nd DUI. You need an attorney! Call me with any questions.

Andrew Roberts
(81*) 597-0633

Legal disclaimer: You can learn more about me by clicking on my Avvo profile. Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information to aid the poster in finding answers to the problem posed. This answer does not create an attorney-client relationship. In most cases, it is best to contact an attorney directly to find answers to your problems.

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Posted

You need to get an attorney to assist you on this new charge. Not only are you looking at a possible 23152(a) you can potentially be charged with an 11550 as well. DA’s will prosecute under the influence of drug cases and you need an attorney that is experienced in this area of the law.
Robert Driessen

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