Driving Under the Influence of Drugs (DUID)

In California, driving under the influence of drugs cases are prosecuted in much the same way as DUI cases involving alcohol. The key is whether you were physically or mentally impaired by the drug to the degree that it made you an unsafe driver. Being under the influence, whether alcohol or drugs, is defined as physical or mental impairment to the extent that you are unable to drive with the same caution characteristic of a sober person or ordinary prudence under the same or similar circumstances.

You can be charged with driving under the influence of drugs, or DUID, after ingesting a drug that is legal or illegal, prescribed or over-the-counter. Many people mistakenly believe that if a doctor prescribes a drug, they are allowed to drive while taking it. Unfortunately, this can be a mistake with rather severe consequences.

Unlike DUI alcohol cases, there is no “per se” limit involving drugs. The prosecutor will try to prove that you were driving under the influence of drugs by introducing evidence related to physical signs and symptoms, driving patterns, field sobriety test performance, and chemical test results, if available.

There are certain law-enforcement officers, called drug recognition evaluators, or DREs, who are trained to identify signs of drug use. Police may call in a DRE to evaluate you if you’re suspected of driving under the influence of drugs. DREs are supposed to follow certain protocols in their evaluations, but a skilled attorney may be able to demonstrate that the proper procedures weren’t followed, or that the supposed signs and symptoms were ambiguous and just as consistent with non-impairment as they were with impairment.

Being convicted of driving under the influence of alcohol or drugs can have serious and lifelong consequences. The first step in reducing these repercussions or eliminating them altogether is to consult with a top DUID lawyer.

What is an Expungement?

Once you’ve paid your debt to society with fines, a jail sentence, or successfully completing probation, it is time to clean up your criminal record. Expungement of your criminal record can help you in many areas of your life, such as getting jobs, achieving an education, obtaining professional licensure and perhaps most importantly, gaining peace of mind.

An expungement will seal your criminal records from your file. Once your record is expunged, you no longer need to disclose your criminal record on job applications, except when applying for public office, for licensure by any state or local agency, or for contracting with the California State Lottery. Otherwise, it's as if the offense never happened.

California has made big changes in its expungement laws as of January 1, 2008. In the past, you could have a criminal conviction such as DUI, hit-and-run, vehicular manslaughter or evading a police officer expunged merely by fulfilling the requirements of your sentence and probation.

However, California’s new law requires that you have a formal court hearing regarding your expungement, and the presiding judge has complete discretion over whether your criminal conviction is removed from your record or remains as written.

Therefore, the hearing may require calling witnesses, filing legal declarations, preparing additional information for the court about you and your particular circumstances, and outlining how your good conduct and reform justify expunging your conviction.

However, despite the new requirements, it is still entirely possible to have your California criminal conviction expunged. Once you do so, you can truthfully assert that you were never convicted of that offense.

A juvenile record can be sealed through the juvenile court after a successful hearing. Once this has been done, the offense shall be deemed never to have occurred. There are no exceptions to this type of sealing; it is as if the offense never happened and cannot be revisited.

If you were convicted of a felony, it’s often possible to have the offense reduced to a misdemeanor and then expunged. Other types of record-cleansing include obtaining a Certificate of Rehabilitation and Pardon.

Although California lawmakers have made expungement more difficult, it’s still entirely possible to clear your criminal record and move forward with your life.

Mel Gibson's Ticket Expunged

Mel Gibson’s DUI was expunged from his record by a judge yesterday.

Mel Gibson was arrested for DUI in Malibu in 2006, but became infamous because of his anti-semitic comments made to the arresting officer.

Expungement clears a criminal conviction from your record if you meet certain requirements. Once cleared, you do not need to divulge the conviction in job applications. For the most part, it looks like it never even happened.

If you have a felony, it might be possible for the felony to be reduced to a misdemeanor then expunged. Speaking to a good criminal attorney can ensure that all your options are open.