DUI Drugs and the Driver’s License Suspensions

DUI and Drugs on License SuspensionWhen a driver is arrested for DUI he or she is typically given a citation regarding his or her upcoming arraignment as well as notice of an impending administrative driver’s license suspension set to begin 30 days after the arrest date. While drivers who are under the influence of drugs or alcohol can both be charged with a DUI offense under California Vehicle Code Section 23152 VC, the DMV treats offenses involving drugs differently than those involving alcohol.

The DMV Administrative Suspension and DUI Drug Offenses

When a driver is suspected of driving under the influence of drugs, the arresting officer will require that he or she provide a blood sample, as there is no breath test that can measure for drug use or intoxication. The blood test results take several weeks to come in and the officer will typically cite the defendant for DUI drugs in violation of California Vehicle Code Section 23152(e) VC.

A critical difference between DUI alcohol and DUI drug offenses is that the California DMV only issues an administrative suspension for drivers who drove with a blood alcohol content of 0.08 percent or higher. The DMV currently does not issue an administrative license suspension for drivers with drugs in their system.

Typically, the arresting officer may notify the driver of an upcoming suspension even where no alcohol use is suspected. The suspension would automatically go into effect unless the driver or his or her attorney formally requests an administrative hearing to challenge the suspension and a stay of suspension while the hearing is pending. Typically, once the blood results come in and the assigned DMV hearing officer sees that the driver did not have a BAC of 0.08 percent or higher, the suspension will be set aside and the driver’s license will be reinstated.

The Court Suspension and DUI Drug Offenses

Even if the DMV does not impose an administrative license suspension for driving under the influence of drugs offenses, the defendant may still face a driver’s license suspension depending on what happens in court.

If the driver is convicted of any DUI offense under California Vehicle Code Section 23152 VC, the conviction will be communicated to the DMV who will suspend or revoke the defendant’s driving privileges. Drivers under the influence of drugs may be convicted under California Vehicle Code Section 23152(e) VC or California Vehicle Code Section 23152(f) VC, which makes it illegal to drive while under the combined influence of alcohol and drugs.

Because Los Angeles County is part of the DMV’s Ignition Interlock Device (“IID”) Pilot Program, the defendant would be required to have an IID device installed into his or her vehicle in order to have his or her driving privileges reinstated. This device is designed to prevent drivers from starting or driving their vehicles if under the influence of alcohol by requiring periodic breath tests. Even if the defendant had no alcohol in his or her system, he or she would be required to have an IID for at least five months.

The court license suspension is not imposed on drivers who are convicted of reduced DUI charges, such as wet reckless pursuant to California Vehicle Code Section 23103/23103.5 VC, reckless driving in violation of California Vehicle Code Section 23103 VC or exhibition of speed under California Vehicle Code Section 23109(c) VC.

If you have been arrested for DUI drugs, it is critical that you meet with an experienced DUI attorney right away. As a former Deputy District Attorney with over 14 years of prosecutorial experience, Michael Kraut fights hard on behalf of his clients both in Court and before the DMV.

For more information about DUI drugs and the driver’s license suspension, and to schedule your free consultation, Mr. Kraut can be reached 24/7 at 888-334-6344 or 323-464-6453.

Share |
Client Reviews
He gave me the peace of mind that my DUI case was going to be resolved. He fought for what it was needed and helped me by answering all my questions. Mike is not an average attorney. He’s a very experienced, honest and straightforward person that is there for you!
★★★★★
I hired Attorney Mike Kraut and I'm am so happy and grateful that I did! I was arrested for a DUI because my BAC level was over the .08 limit. I ended up getting a wet and reckless instead of a DUI. I still have to do some classes and I'm on probation, but I do not have a DUI on my record. If you have a DUI hire Attorney Kraut, he definitely knows his stuff!
★★★★★
Avvo User
There aren't enough positive words to write about Mike, but let me be clear that this is the only lawyer worth hiring in Los Angeles. Mike is professional, caring, and an absolute champion at winning in court.
★★★★★
Kyle, Avvo User
Mike Kraut is not a typical lawyer. He is a straightforward person with a true heart and a sympathetic ear. He is also smart and connected and he cares about the people who seek out his help. He got my son out of a jam. He did it quickly and painlessly. I recommend Mike Kraut to anyone that needs his services.
Thank you Mike for helping my son.
★★★★★
Mark, Avvo User
Michael Kraut is a rock star lawyer. I was really happy and satisfied with the results I received from Michael and his team. A few months back I was being accused of a serious felony. Mike gave me sound legal advice and worked diligently to clear my name. Mike was great at always keeping me updated and returning calls. Great, great lawyer I cant say enough about this man!
★★★★★
Eric, Google User
How can I express how relieved and pleased I am with Michael's professional abilities to have my Felony brought down to a misdameanor to a possible dismissal with deferment. With his care my life has been turned around and cannot say how helpful he's been not only in my case but life. He, himself has changed how I view criminal lawyers. Thank you so much Michael!
★★★★★
Owen, Google User