I was charged for a 23152 DUI and 11550 influ.of control sub. I passed drug test but had 0.01 alcohol. Can I be charged with DUI

Asked over 3 years ago - Blythe, CA

I have 2 previous DUI. My probation ends this March from 5 years. I got pulled over in Blythe driving to Ca. for Xmas with my brother who was originally driving. I had a beer at home before we left. I got pulled over and the 2 young inexperienced police officers arrested me for a 23152 DUI and 11550 influ. of cont. substance. I passed the drug test of course b/c i knew I don't do drugs but tested 0.01 for alcohol. I was so scared they thought i was on drugs and handcuffed me. They would not let my brother drive the car either even thoh he was completely sober. They handcuffed him too and charged us $200. to get my car back. Something is just not right about the whole thing. I am going to get a public defender. Can I be charged with a third DUI?

Attorney answers (4)

  1. Jason Chase Beahm

    Contributor Level 15

    Answered . I would handle this very carefully. There are a number of issues here that are of concern to me.

    I never criticize public defenders because I believe they do a good job, though it is a fact that their time is limited. In your case, I think you should definitely consult with a skilled DUI attorney to get an idea for just how serious of a situation you're in.

    Depending on the specific facts, the case could range anywhere from one that's likely to be dropped, to a possible 3rd DUI, which is a huge range.

    Best wishes,

    Jason Beahm
    Beahm Law
    San Francisco, CA 94107
    www.californiacleanrecord.com
    www.beahmlaw.com

  2. Robert Marshall Sanger

    Contributor Level 15

    1

    Lawyer agrees

    Answered . Yes, you can be charged with a third DUI and you can have your probation revoked. There is no way of predicting what the officers will do or how the District Attorney will evaluate it. You say you passed the drug test -- i do not know if you mean that you had a blood or urine test and it came back negative or if it is your opinion that you passed the drug recognition exam (DRE). I your chemical test came back negative, it will, of course, be hard for them ot allege combination of drugs and alcohol. But if you are relying on your assessment that you passed a DRE, that does not tell us how the officers will interpret or misinterpret the test.

    Having said that, you say you are going to get the Public Defender. That suggests that you were given a court date for an arraignment. If so, that means that the officers did, in fact, arrest you and that they intend to send the police reports to the DA. The filing deputy DA will then look at the reports and decide if there is an adequate case to file in court. The DA will rely heavily, of course, on the contents fo the report.

    In any event, you are arranging to have a lawyer and that is what you need. The lawyer will get the discovery (police reports, lab results, etc.), do her or his own investigation, talk to you and go over the possible defenses. If you are charged with a third, then the lawyer will also want to investigate the prior convictions to see if they meet constitutional muster. She or he will also at any potential constitutional violations that might inure to your benefit.

    Bottom line, talk to the lawyer. Good luck!

  3. John M. Kaman

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . California Vehicle Code 23600 prohibits driving with any measurable amount of alcohol in your system if you are on probation for DUI. This is referred to as a "zero tolerance" law. This does not mean you will get a 3rd DUI but it means your probation could be revoked under the 2nd and you could have the maximum penalty imposed. You need to hire a DUI specialist.

  4. George Fredrick Mueller

    Contributor Level 14

    Answered . A third DUI? Probably not, but possibly, assuming you mean .01% (and not .10%) BAC. It will ultimately be up to the prosecutor who can prosecute whatever he or she wants to.

    Another problem is the DMV. Vehicle Code Section 23154 applies. Failure to contact DMV within 10 days of service of any pink Order of Suspension results in a 1 year suspension for driving with .01% or more. That's another reason you may not want a public defender who does not handle these administrative actions.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,327 answers this week

3,108 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,327 answers this week

3,108 attorneys answering