Cocaine DUI

If you have been given a blood test that was positive for a metabolite of cocaine such as benzoylcognine, it is entirely possible that you were not under the influence of the drug, rather you may have ingested the drug many days earlier. Factors including frequency of use, body weight and size as well as metabolic rate all help to show that although there may have been cocaine in your blood, or the metabolite, that you were not in fact under the influence of Cocaine.

Furthermore, the Prosecution must show “actual impairment”, and if you call DUI Lawyers Cocaine Irvine today, we can order a blood split froma certified specialist with wDUI Lawyer Irvine we work frequently to negate the presence of cocaine or alternatively, no impairment due to recent use of cocaine.

DUIs for Cocaine other Cocaine based substances often occur because drivers who take these drugs do not get adequate sleep and therefore get sleepy behind the wheel. Alternatively, a cocaine user may be overly anxious, jittery or paranoid, thus leading to a DUI for Cocain in Irvine. As a result, drivers can fall asleep behind the wheel and possibly crash their vehicle. Additionally, Ambien, Cocaine and Cocaine based substances can cause drivers to jerk their steering wheels, or make efforts to stay awake while driving, often leading to a DUI for Cocaine in Irvine.

Despite the possible legal problems of a DUI for Cocaine in Irvine there are studies that prove drivers are able to drive better than when not on the prescription Cocaine based substances. This fact is in the clients’ favor. Additionally, there are no warning labels on Cocaine asking users to refrain from driving a motor vehicle specifically. Technically, if you are pulled over by a police officer and it is discovered that you have been taking Cocaine or a similar sustance, are then charged with a DUI, for being under the influence, there are plausible defenses to such a case, including the defense that you are not “actually impaired”.

Our team of lawyers would ask for a blood split to determine when the last time the drug was used, and if so, the relative quantity of the drug. If we can show that the driver was either more alert, or not under the influence of Cocaine, then a DUI for Cocaine or other Sleeping Medication may not stick in Court.

A DUI for Cocaine, or Ambien falls under the law for a DUI for Drugs in Irvine.

First, let DUI Lawyers in Irvine give you the relevant law. The law that is applicable to this crime, DUI for Drugs in Irvine is as follows:

Driving Under Influence of Alcohol or Drugs

23152.

• It is unlawful for a person who is under the influence of any alcoholic beverage to drive a vehicle.
• It is unlawful for a person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

  For purposes of this article and Section 34501.16, percent, by weight, of alcohol in a person's blood is based upon grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath.

  In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.08 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

• It is unlawful for a person who is addicted to the use of any drug to drive a vehicle. This subdivision shall not apply to a person who is participating in a narcotic treatment program approved pursuant to Article 3 (commencing with Section 11875) of Chapter 1 of Part 3 of Division 10.5 of the Health and Safety Code.
• It is unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his or her blood to drive a commercial motor vehicle, as defined in Section 15210.

  In any prosecution under this subdivision, it is a rebuttable presumption that the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of driving the vehicle if the person had 0.04 percent or more, by weight, of alcohol in his or her blood at the time of the performance of a chemical test within three hours after the driving.

• It is unlawful for a person who is under the influence of any drug to drive a vehicle.
• It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
• This section shall become operative on January 1, 2014.

Amended Sec. 2, Ch. 753, Stats. 2012. Effective January 1, 2014.

The above law was amended and reinstated to include the new narcotics treatment program approved by the Health and Safety Code.

Depending on the amount of the drug in your system at the time, we can make a case that you were not “actually impaired”.

Additionally, if the police officer did not stop you for the right reasons or had no reason at all, there will not be probable cause and it may be possible the prosecution will dismiss the case.

Contact DUI Lawyers Irvine today for a free consultation regarding your case. We will look at your personal history, the facts surrounding the alleged charges and the possible outcomes with you at no cost.