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23152 (a) DUI 20yr no other cars involved

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V00_v00

Junior Member
What is the name of your state (only U.S. law)? CA
Age driver 20 . Passenger 21
I was in an accident at a private parking lot. I must admit I did take 1 sleeping pill ( prescribed to mother)before . All I remember was hitting a wall while making a sharp left in the parking lot. I and the passenger were rushed to the hospital. We both suffered minor concussions. The car was wrecked and was able able to take it out the pound the next day without a sherrifs notice. I don't remember anything at all . At the hospital when I came back to conciouss I got a DUI notice to appear in court in 2 months..

I was not BAC tested on sight because I lost conciouss but through hospital reports I can prove I was not intoxicated. I cannot prove I was not under the influence of the sleeping pill ,unfortunately. (not sure, but, sheriff took pill container)
What are the penalties? Jail time? And if convincted of driving under sleepingpill the same as alcohol?
 


ENASNI

Senior Member
CA Codes (hsc:11550-11555)

prepare for a fine, classes...possible jail time.

But Git Lawyer they can help reduce any/or all of the above.

if you Git Lucky you may get a visit from Carl the Cop, he is really good at explaining possible outcomes.
 

CdwJava

Senior Member
I was in an accident at a private parking lot. I must admit I did take 1 sleeping pill ( prescribed to mother)before . All I remember was hitting a wall while making a sharp left in the parking lot. I and the passenger were rushed to the hospital. We both suffered minor concussions. The car was wrecked and was able able to take it out the pound the next day without a sherrifs notice. I don't remember anything at all . At the hospital when I came back to conciouss I got a DUI notice to appear in court in 2 months..

I was not BAC tested on sight because I lost conciouss but through hospital reports I can prove I was not intoxicated. I cannot prove I was not under the influence of the sleeping pill ,unfortunately. (not sure, but, sheriff took pill container)
What are the penalties? Jail time? And if convincted of driving under sleepingpill the same as alcohol?
If you were charged with CVC 23152(a) that is appropriate for driving impaired on medication.

The penalties could include the following (but minus the interlock device):

First California DUI Offense:

California Criminal Status: Non-injury DUIs generally misdemeanors. DUIs that result in bodily injury may be elevated to felony status, depending on the circumstances.

Jail: 48 hours, but not more than 6 months.

California DUI Fines/Costs: $390-$1,000 plus penalty assessments.

California License Suspension: 4 months suspension; restored after 30 days upon showing of hardship. 1 year suspension if under 21.

Ignition Interlock Device: Court may order use of interlock device. Effective July 1, 2010, California will begin testing a pilot program requiring mandatory installation ignition interlock devices for those arrested for drunk driving in Los Angeles, Tulare, Alameda and Sacramento Counties. If the pilot program is successful, the program may be expanded to the rest of the state.

Vehicle Impound: Court may order impoundment.

California DUI School: Mandatory alcohol education if under 21. Possible first offender school for 3-6 months, depending on BAC level.

California Probation: 3 years informal – no probation officer.

Community Service: In some courts, you may work off some of your fees/costs by doing community service.​
Expect drug counseling and mandatory testing along with probation.

They almost certainly have evidence of the medication in your blood. if they did not get a test at the hospital for the cops, they can get the hospital's medical test results and use them.
 

cyjeff

Senior Member
You do, of course, realize that you can be convicted of a DUI even if you have never touched a drop of alcohol, right?

You can be under the influence of drugs as well.

And you certainly were. You were blacking out behind the wheel because you stole a sleeping pill of your mom's for fun.

Get an attorney.
 

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