CA 1st dui - very strange...

[Jones88]

What is the name of your state? CA

I'm 19 years old and I was just suspected of my first DUI offense.

So I was turning left out of a parking lot because I just ate some fast food. Less than 5 seconds after I'm out of the lot, I get pulled over. Officer thought he saw me in the left lane but I told him that perhaps he just caught a quick glance of me come out of the parking lot.

Next thing I know, I'm doing FSTs (which I felt confident in) and then he checked my pulse. I was a little shaky due to the fact that I had just woke up about ten minutes prior to that, I was just pulled over, and it was around 42 degrees outside. He thought my pulse was high so he checked my eyes but never indicated that he found anything. He had me do another FST right after this.

He asks if he can search my car; I said I had not given any suspicion for a search. Next thing I know, I'm cuffed sitting in the back of the police car and he tells me he's gonna search my car based on not trusting me. He found a bong and half of a 6 pack in my trunk but I had not been drinking that night. I was at a place earlier that evening around people smoking both tobacco and mj but I was not. Then I'm taken to a jail for a blood test and that was it. I never was offered a breathalyzer test.

Also, I didnt have my license confiscated upon my release which I heard is standard procedure. I now have an arraignment May 3rd and I do have a lawyer. What do you guys think will end up happening?

ALSO: My only charges were 23152 A) DUI Drugs/Alcohol and 11550 a) Under the Influence of Controlled Substance.

The beer and bong that was in my trunk remained there when I retrieved my vehicle...

[djay]

Wake up ----> out of the house and to the fast food join in 10 minutes.. WOWW ---> pulled over as soon as you get out of the parking lot!!

Damn bro.. you're fast!! Why did he want you to do the FSTs in the first place? How much did you pay for the attorney? What does he say?

Man.. you're either not telling the whole story or you were indeed messed up when you got pulled over

Speak the truth.You will get better advice from the pros here..

G'luck!

[garrula lingua]

Everything depends upon the lab test (blood) results.

If it shows mj/other impairment in your system, they'll prosecute you for the 'a' count.
Depending on the county, you may/may not be charged with 'under the influence of a drug' (that carries a mandatory 90 days in county jail).
Some jurisdictions allow deferred entry of judgment on the 11550, which would keep you out of jail & would dismiss the 11550 charge if you successfully complete the program and stay clean for 18 months.

If your blood comes back zero for mj/meth/cocaince/X, etc., then the Prosecutor will decline to charge.
You will only know on the court date, whether you are actually being charged or not.

Sometimes the lab results are delayed, and the court date may be continued.

Your license is taken only when it's alcohol - not drugs (isn't confirmed yet - only when the lab results are in).

How much did you pay your lawyer ? Only you know if you really need one.

[CdwJava]

He probably did not do a Breathalyzer because he believed you were DUI on drugs. H&S 11550 is the charge for being under the influence of drugs. CVC 23152(a) is the charge for being DUI on alcohol or drugs. You only have your license confiscated if the police believe that you have a BAC (alcohol) of .08 or better. Since the officer is apparently under the assumption you were high and not drunk, you will only lose your license if convicted.

Consult local counsel.

- Carl