It is illegal for someone to drive under the influence of a drug even if alcohol is not involved. The drug can be one that was prescribed by a doctor or somehow illegally obtained. Having a prescription is not a defense.
People who are arrested for a drug only DUI, are not subject to a license suspension directly by the DMV when arrested, as is the case with a DUI when alcohol is involved. However, you will have to fight a possible or probable license suspension or revocation in criminal court.
DMV will suspend or revoke your license once they receive notice of a conviction in criminal court.
There are different lengths of time for license suspensions or revocations depending on the driving history of a defendant and the attitudes of the different judges in Lakeport, Ukiah, Fort Bragg, Napa and Santa Rosa.
Although most suspensions or revocations can be converted into a restricted license (which is the subject of our next blog), the initial lengths of suspension or revocation can vary greatly.
History - No injury involved:
- 1st DUI - 6 to 10 months suspension - One year suspension
- 2nd DUI - 2 year suspension - 3 year revocation
- 3rd DUI - 3 year revocation - 5 year revocation
- 4th DUI - 4 year revocation - 5 year revocation
A judge may also increase a revocation to 10 years if 3 or more DUI cases occurred within10 years from offense date to offense date.
See our next blog regarding getting a restricted license in many of these circumstances.
Remember, Ronald Dinan and Associates, is a firm of experienced and aggressive DUI defense lawyers who can achieve the best outcome in your case. Many times DUI case results will include reduction or outright dismissal of the number and/or severity of DUI charges, diversion programs ( completly eliminating the criminal process ), probation, reduced fines with installment payments, no jail, etc.
To get immediate help with your DUI matter, we invite you to call us to discuss your case. We answer all telephone calls in a polite, professional and helpful manner.
Sonoma County Santa Rosa 707-571-5550
Napa County Napa 707-252-0102
Marin County San Rafael 415-491-0223
Lake County Lakeport 707-262-0503
Mendocino County Ukiah 707-462-5950
Humboldt County Eureka 707-445-1348