DUI Attorneys in Orange County know that Health and Safety Code (H&S Code) Section 11550 makes it a crime to merely be under the influence of an illegal drug. The minimum penalty is a mandatory 90 days in the Orange County jail. If you are also driving a car while under the influence of an illegal drug, then you may also be charged with a DUI, which carries the possibility of even more jail time. (usually, six months to a year). Although a first-offense DUI typically does not get punished with any actual jail time, if you are also charged with H&S Code 11550, then you face a mandatory 90-day jail stay.
The following actual case result obtained by Orange County DUI Attorney
EJ Stopyro illustrates how this mandatory jail time can be avoided. In People
v. Jeff L., a civilian witness called the police and reported a
possible drunk driver. The police responded to the call, located Jeff’s
vehicle, and followed Him. The police saw him swerve in and out of his lane and
make some poor turns. The police lawfully stopped Jeff for the traffic
violations. Jeff agreed to take field sobriety tests and failed them all. He
admitted to being under the influence of methamphetamine. Jeff was arrested and
a blood
test confirmed the presence of
methamphetamine.
Jeff was charged with Driving Under the Influence of Drugs
(DUI) and for Being Under the Influence of Drugs. The second charge exposed him
to a mandatory 90-day jail sentence. The DA offered Jeff 90 days of jail time
if he would plead guilty to both charges. Since DUI drug cases are generally
harder to prove than alcohol cases, Mr. Stopyro suggested that Jeff proceed to
trial. At the last minute, the District Attorney agreed
to dismiss the charge of H&S Code 11550 (being under the influence of
drugs) and made a no-jail offer for the first-offense DUI . (North Justice
Center)
If charges are pending against you for a DUI in Orange
County and would like to know your options, call the Law Offices of EJ Stopyro at (949)
559-5500 to consult with an Orange
County DUI lawyer today. The consultation is free and confidential. Or visit our website at www.EJEsquire.com.
Law Offices of EJ Stopyro
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