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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.

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Related posts:

1. Los Angeles DUI Defense: Drug DUI Defenses.
2. Orange County DUI Defense: Drug DUI Prosecution Problems!
3. Los Angeles DUI Defense: “Drugged Driving” Cases.
4. Los Angeles Drunk Driving FAQs: For How Long Will the DMV Suspend My License?
5. Los Angeles DUI Defense: What Is A Rising Blood Alcohol Defense?

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This entry was posted on Sunday, May 10th, 2009 at 1:26 amprivacy and is filed under DUI. You can follow any responses to this entry through the RSS 2.0 feed. Responses are currently closed, but you can trackback from your own site.