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.
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.
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.
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.
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.
DUI / DWI Attorney
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.