A drug DUI can be more difficult to prove than an alcohol DUI. You should consult with an attorney before considering the deal, discussing the details of your case, the blood results, the "bad" driving, lawfulness of the stop, etc. Just because you were stopped and arrested, doesnt automatically make it legal.
As for DMV, yes, your license will be suspended for a DUI conviction, even if it is just drugs. However, the suspension for a 2d DUI is NOT 12 months. It is 2 years. You can get a restricted license after 90 days, however, that means enrolling in the appropriate DUI program - even if its not a condition of probation - along with getting SR22 filed, and paying the reinstatement fee.
If you don't have an attorney, you should really consider getting one - even if its the Public Defender. You want to make sure you know if you have a good case for a reduction or dismissal of charges. Don't just take the DUI because its the easiest thing to do right now.
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If you plead guilty or no contest to a violation of VC 23152(a), you have to make sure that the provision of the "alcohol" is stricken. Otherwise the DMV will suspend your license. You should discuss your case with your attorney as there maybe nuances that members on this board, which may affect your case to which we are not privy.
If you are convicted of a DUI (VC 23152), there will be a license suspension from the DMV whether or not the underlying issue is alcohol or drugs, or prescription medication. The DMV sees the VC 23152 conviction and suspends the license. You should speak about this issue further with your DUI attorney that is handling your case. He/she can best advise you as to the situation in your case. If you can get the DUI reduced to a Wet Reckless or lesser charge, then there is no automatic suspension from the DMV.
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You need the advice and expertise of someone who knows the difference between an alcohol related DUI and a DUI that's non-alcohol related. There is a difference. I have never had a client have a license suspended due to a non-alcohol related DUI. Many reputable attorneys offer free consultation. You should meet with many.
Michael K. Cernyar, Esq.
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