What Are The Penalties In DUI Drug Cases In Los Angeles County?
There is a whole array of penalties associated with DUIs. For a first offense, a person is generally looking at a minimum by the legislature of $390, plus a 200% penalty assessment up to a maximum of $1,000. They're typically put on three to five years of summary probation, where they don't have to report to a probation officer.
They'll also be required to participate in an alcohol program. In LA County, there are several different alcohol programs, including three-month, six-month, nine-month, 18-month, and 30-month programs.
For a first-offense DUI, a person is usually looking at a three-month alcohol program. These are the standard bare-minimum penalties that a person would be looking at.
Depending on how severe a DUI is, other penalties may result, including community service, community labor, and jail time. In the most severe cases, a person could be forced to do the hospital morgue program or attend a one-day Mothers Against Drunk Driving seminar.
A person could also be forced to wear a scram bracelet on their ankle that detects alcohol and ordered not to drink any alcohol during the probationary period. Prosecutors and judges have a slew of different options in these cases.
Install An Ignition Interlock Device For A Drug DUI Conviction
An ignition interlock device is usually ordered when a person seeks a restricted driver's license after their full driving privileges are suspended. Since driving privileges are usually only suspended in alcohol-related DUI cases, people are usually not required to get an ignition interlock device when they receive a drug-related DUI.
Suppose the case is fought at the jury trial level. In that case, science will play a role because each side would call an expert to discuss whether or not the particular defendant appeared to be intoxicated to a level that they could not safely operate a motor vehicle.
The defense would want to find an expert who would say, “No, that person was not unable to safely operate a motor vehicle based on what was found in their system, based on what was indicated by the police when they saw them driving and based on what was indicated by the police when they later arrested them and had them do a field sobriety or drug recognition test.”
The prosecutor's expert would try to argue the opposite and claim that some of the factors pointed out in the police report indicate that the person was intoxicated to the level that they could not safely operate a motor vehicle. Ultimately, based on the facts of the case, a jury would decide whether the person was innocent or guilty of the DUI in Los Angeles.
The bottom line is that there is no cookie-cutter solution to DUI defenses, especially those involving narcotics or prescription medications; each case depends on its facts.
Having an attorney who's been down the road that you're about to travel is crucial in ensuring that every possible defense is asserted for you.
You want to be allowed to attempt to prove your innocence. If you are guilty, then your attorney will do damage control and ensure that you receive the lowest possible charge and the lowest possible penalties related to your DUI.
