Personal Injury Lawyer

Being arrested for a serious offense, such as a DUI or drug possession, can be a terribly scary experience. Unfortunately, many officers are biased against those who appear to be intoxicated or were found in possession of drugs. Rarely does an officer go easy on someone for either of these offenses, even if there is an easy explanation and misunderstanding. The first thing a person must do after being arrested for either of these charges is to hire an attorney.

Sadly, many people think they can represent themselves and lose their case because of it. Then, they may have to face the most severe consequences because they didn’t have an experienced legal professional advocating for their behalf. 

Consequences for Driving Under the Influence (DUI)

Operating a vehicle while having alcohol in your system is a serious criminal charge that can result in repercussions such as having to attend substance abuse counseling, community service, spending time in jail, paying expensive fines, and losing a driver’s license. As your attorney may tell you, it is important to understand there are two components of a DUI charge. If you aren’t found guilty through a criminal conviction, the Department of Motor Vehicles (DMV) may still impose a license suspension.

The length of the suspension may be based on whether you are a first-time offender, state laws, and other factors of your arrest. If you are a second-time offender or more, the suspension repercussions can increase drastically. Here are examples of the various suspensions that may be imposed: 

• 6 Month Suspension: If you refused to take a breath, urine, or blood test when prompted by the officer who pulled you over. Or, if you were under the age of 21 and tested with a result of .02 BAC or more.
• 90 Day Suspension: If you took a BAC test and got .08 or more. 
• 120 Day Suspension: Your BAC test was 0.16 or more. 
• 1 Year Suspension: You are 16-17 years of age and tested .02 BAC or more. 

Classifications of Drug Offenses

As your attorney, like a Civic Center San Francisco, CA DUI lawyer from Hallinan Law Firm, may tell you, just because you were arrested and charged with being in possession of drugs, doesn’t mean you are deemed guilty right away. The policy of some officers is to arrest first and then ask questions later on. But they the time you try to explain yourself, evidence has already been gathered and built up against you. That is why your attorney will suggest staying quiet and not trying to defend your innocence, as what you say may be misinterpreted and used to prosecute you. Examples of common drug offenses include: 

• Sale and/or possession of ecstasy
• Sale and/or possession of heroin
• Sale and/or possession of narcotics
• Intent to sell, distribute, or deliver drugs
• Drug cultivation and manufacturing
• Methamphetamine manufacturing
• Operating a drug factory
• Sale and/or possession of marijuana
• Sale and/or possession of hallucinogens, LSD or mushrooms
• Sale and/or possession of prescription drugs
• Drug Trafficking