even though the only charge on my ticket said under the influence when i went to court they charge me with under the influence and dui
Yes. Charges can always be amended to add additional charges if appropriate and dismiss others if the Prosecuting Attorney so desires.
If you were to obtain an experienced DUI attorney, these additional charges may be successfully opposed. You should seek counsel to assist you in defending these charges and get to the bottom of why additional charges were filed when you were only notified of certain charges at the time you were cited.
The information contained in this answer does constitute legal advice nor does it constitute any warranties of any kind. Furthermore, the information provided does not in any way form a confidential attorney-client relationship and you are encouraged to seek legal counsel before relying on any portion of the information conveyed to you.
Yes, they can add charges that you weren't booked for, but they still have to prove it.
In order to convict you of DUI, they have to prove that you were driving under the influence. There is a difference between under the influence for the 11550 charge and under the influence for a DUI charge. For a DUI, they must prove that the drugs made you unable to operate your car the way a sober person could. With a stop for just a broken tail light, they may not have any proof of "bad" driving to prove DUI. Also - a drug DUI requires much more than just the standard field sobriety tests (if they even did them on you) in order to prove a case against you.
Bottom line? Yes, they can file the charges, but you may also have very good factual and legal defenses to the charges. You need a lawyer.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
It sounds like you are charged with driving under the influence of alcohol and/or drugs as well as driving over the legal limit. Both of these are DUI charges and need to be defended. Contact a local DUI defense attorney and fight both the court case and the DMV. Act quickly because the clock is running. Look to the California DUI Lawyers Association for a list of excellent DUI defense attorneys.
Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area with questions regarding your specific case. It is always in your best interest to have a good DUI attorney represent you when you have been arrested for a DUI.
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