Close

Former Senior LA Prosecutor.
Harvard Law School Educated.
Now Providing an Aggressive Defense For You.

DUI and Drug Possession

In some cases, a driver arrested for driving under the influence of alcohol or drugs can also be charged with other criminal offenses depending on the circumstances of the arrest. In cases in which the driver is found to have drugs on his or her person or in the vehicle, he or she can also be charged with drug possession or other drug crimes.

Discovery of Drugs During a DUI Arrest or Investigation

As part of a DUI investigation, an officer will typically ask the driver suspected of DUI if he or she has been drinking or using drugs. If the driver indicates drug use or if the officer notices signs of drug use, the officer may further ask if the driver is currently possessing drugs. Drugs can also be discovered during a search of the defendant incident to arrest or an inventory search of the defendant’s vehicle if it is to be towed. If the drugs were discovered as the result of an illegal search or seizure, the defendant’s attorney can file a motion to suppress evidence pursuant to California Penal Code Section 1538.5 PC. If granted, the resulting drug evidence would be suppressed and the prosecution would likely be unable to proceed with the drugs charges and would likely dismiss.

Possible Drug Charges

Previously, drug possession was a felony level offense. However, Proposition 47 reduced many drug possession felonies to misdemeanors. Drivers who are found to have drugs can be charged with possession of a controlled substance in violation of California Health and Safety Code Section 11350(a) HSC or possession of methamphetamine pursuant to California Health and Safety Code Section 11377(a) HSC.

If the officer believes that the drugs are possessed to be sold, the defendant can be charged with possession for sale under California Health and Safety Code Section 11351 HSC or California Health and Safety Code Section 11378 HSC. This is a “wobbler” offense that can be filed as either a felony or a misdemeanor. In addition, when drugs are found in a vehicle, the defendant can potentially be charged under California Health and Safety Code Section 11352 HSC or California Health and Safety Code Section 11379 HSC, which makes it illegal to sell, transport or provide drugs. The prosecution may proceed under the theory that the defendant was “transporting” drugs. These code sections are always felonies and can result in prison sentences for those who are convicted.

Fighting DUI and Drug Possession Charges

As described above, the search of the defendant’s vehicle or person may be challenged in Court by filing a motion to suppress evidence pursuant to California Penal Code Section 1538.5 PC. The defense can also use this code section to challenge the vehicle stop. If the vehicle stop is found to be unconstitutional, all resulting DUI and drug evidence would be suppressed. The prosecution would likely dismiss as they would be unable to proceed with either the DUI or the drug possession charges.

In many cases, the drugs may be discovered during a search of the vehicle in which the driver is accompanied by passengers. In these cases, the prosecution may be unable to prove that the defendant knew that there were drugs in the vehicle or that the drugs belonged to the defendant and not someone else.

If you have been charged with a DUI offense or drug offense, it is crucial that you speak with an experienced DUI lawyer as soon as possible. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut understands the sensitive nature of these cases and works hard to ensure his clients receive the best representation possible.

For more information about DUI and drug possession, and to schedule your free consultation, contact Los Angeles attorney Mr. Kraut 24/7 at 888-334-6344 or 323-464-6453.


Client Reviews
★★★★★
Michael Kraut is outstanding! He genuinely cared about my case and instructed my mom and I throughout the entire process. He was very clear on what he needed in order to receive the best results. He kept us updated until the end. I thank him so much for getting my charges rejected. I highly recommend him to anyone with legal needs! Shaquan
★★★★★
I contacted Michael with concern for my personal and business reputation. He was very reassuring and confident the entire time. After about 3 weeks it was determined that no charges were being filed by any agency and I was in the clear of any investigation. One thing that is amazing is just how FAST Michael is at replying to phone calls, texts, and even emails! We are talking under 30 minutes in most cases. That is unheard of for most attorneys! Michael is incredible and not your typical run of the mill attorney. For best results hire him if you feel like you might be under investigation or could face charges. Even if you know you are innocent it is best to take care of the smoke before it becomes a fire. Brad
★★★★★
Michael Kraut is-hands down-the best criminal defense attorney and I can't begin to thank him for all that he did for me and my family. I reached out to him in the middle of the night and less than a couple hours later, he had gotten back to me and scheduled a meeting. He's a no-nonsense attorney who knows how to get the job done! From the second we retained him, I had peace of mind in knowing that we were in the best hands possible. If Michael Kraut couldn't get it done, I knew that it couldn't be done at all. You can't put a price tag on your freedom. He was worth every single penny. Lida
★★★★★
Michael Kraut is an outstanding attorney. He was extremely professional, and straightforward, yet sensitive with my case. I am confident I made the right choice by hiring Michael. I highly recommend him to anyone seeking a truly experienced lawyer. Daniel
★★★★★
Michael Kraut - I cannot thank you enough for all that you did for ​my son. When I came to you I read that you used to be a district attorney but I never knew how much that meant until I watch you in court. I knew it took 3 months but the final day when I heard the judge say that all charges were dismissed it was all worth it! I will always be grateful for all that you did for us. A.N.
Contact Us