In late December, a California district attorney announced that a DUI charge had been dropped in a case involving a man who tested positive for caffeine after a traffic stop.
According to court documents, the man was initially pulled over on Interstate 680 after an officer witnessed him weaving through traffic, nearly causing several collisions. The officer believed the driver was under the influence of a drug, but found only workout supplements and powders in the car, all of which were legal.
Upon arriving at the jail, the man consented to a blood test, which returned negative results for several drugs, including THC, cocaine, opiates, oxycodone and methamphetamine. It did, however, test positive for caffeine.
Though the charge was pursued for 16 months, the district attorney elected to drop the case after forensic toxicologists and investigators ruled that the case could not be proved beyond a reasonable doubt.
In the state of California, an individual may be charged with driving under the influence (DUI) if they are found with a blood alcohol concentration (BAC) that meets or exceeds .08 percent. It does not matter whether or not someone feels impaired – if the BAC exceeds the legal limit, it is classified as DUI.
It’s important to point out, however, that DUI cases are not restricted to the use of alcohol. If someone is pulled over and found to be impaired, at least to an “appreciable degree” by drugs, or a combination of drugs and alcohol, that may result in a DUI charge.
State law in California also says that, if you are operating a vehicle, you are providing your consent to submit to a blood, breath or urine test to determine your BAC. There are consequences for refusing such tests in California. These offenses vary depending on whether or not it is a first, second or third offense:
- First offense – One year license suspension
- Second offense – Two year license suspension
- Third offense – Two year license suspension
Although BAC is technically supposed to be measured at the time of driving, it is possible to prove culpability if BAC is measured after that time. For example, if tests are issued at the police station, those results may be applicable in a court of law.
Are you facing DUI-related charges? If so, it is important that you enlist the guidance of a skilled defense attorney as soon as possible. Because these types of cases can involve the suspension of a driver’s license, or even jail time, it is important to work with an attorney who has experience and success in handling DUI-related charges.
DUI Defense Attorneys in California
That’s where the criminal defense team at Gurovich, Berk and Associates comes in. Our firm specializes in criminal defense, including cases involving DUI and related charges. Our legal team is well versed in the laws surrounding DUI in California and we can provide the wise legal guidance you are looking for as you build your case’s defense.
Whether this is your first or a subsequent offense, our attorneys have the tools, experience and legal knowledge necessary to see your case through to a successful end result. To schedule your free preliminary consultation, contact Gurovich, Berk & Associates at (213) 385-1555.