Is It Likely You Are Facing Multiple Charges in a Drug-Related DUI?
Interviewer: With drug-related DUIs, is it likely the driver will be facing multiple charges?
Jerry Novak: Absolutely. Generally, the more cooperative you are, the more charges that come up against you, or come up to use against you. For example, if you’re stopped by the police and you admit consumption of alcohol, right off the bat, if you fail those standardized field sobriety tests, they’re going to charge you with driving under the influence of alcohol.
You Can Receive More Than One DUI Charge, Depending on Your Blood Alcohol Concentration
Then they take you back to the station, and you submit to a breath test, and you blow above point oh eight, now they’re going to charge you with driving under the influence with a BAC, blood alcohol concentration, above point oh eight. Now you’ve gotten two DUI charges, instead of one DUI charge.
The police officer searches your car and maybe he find a roach clip, a joint, some rolling papers or some seeds and he says, “I think we’d like to get a urine specimen, too.” Then they get the urine specimen from you.
Adding a Positive Test for Drug Use Can Result in a Third Charge—Driving under the Influence of Drugs
Well, guess what? Two weeks ago you were partying, had smoked maybe just a small amount of marijuana, and now they charge you with your third DUI offense, driving under the influence of drugs.
Number 4—Driving under the Combined Influence of Alcohol and Drugs
Now, they add a fourth DUI charge, because present in your system was not only alcohol above oh eight, but the presence of drugs, so now they charge you with that fourth DUI, which is driving under the combined influence of alcohol and drugs.
Is what started out as a pretty small, inconvenient problem now become a major disaster? Can they really go after you on all four counts? The state will have to make an election, meaning they will have to elect which cases or charges they’re going to prosecute.
It’s unlikely they’d go on all four, but why give them all these choices? Why give them the opportunity to choose among a variety of weapons to use against you, when all you had to do was say, “I’m sorry, sir. I don’t wish to answer any questions.” “I’m sorry, sir. I don’t wish to take any tests.”