Los Angeles DUI Defense: Drug DUI Consequences.

by Gabriel Dorman on May 10, 2009

One area of difference between an alcohol-related DUI case and a drug DUI case is in the consequences as it relates to the Department of Motor Vehicles (DMV). The DMV cannot administratively suspend a person’s license for driving under the influence of drugs.

When a person is arrested and charged with driving under the influence of alcohol they are often charged with what is known as the “per se” offense (having a blood alcohol concentration of .08% or higher) pursuant to Vehicle Code Section 23152(b). However, when a person is charged with driving under the influence of drugs, there is no BAC and, therefore, no “per se” offense. The DMV can only administratively suspend a person’s license in cases where there is a chemical test result of .08% or higher or where a person refuses to submit to a chemical test. As such, the DMV cannot administratively suspend a person’s driver’s license for a drug DUI.

FYI: It should be noted that the DMV can still suspend a license as part of a criminal conviction for a drug DUI.

Be Sociable, Share!

Previous post:

Next post: