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DUI Conviction Without Alcohol in Blood (CVC 23152a)?
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45+ Years Criminal Defense

Experience in California

Can I be convicted of a DUI even if when they drew my blood they found no alcohol in my system? (CVC23152a)

YES, if the results of the blood test show that you had a high quantity of legal or illegal drugs in your system. It is unlawful to drive a motor vehicle while under the influence of any substance (alcohol or drugs) if the alcohol or drugs in your system “impaired’ your ability to operate a motor vehicle like a prudent driver.

The good news is that is more difficult for the prosecution to convict a person of driving under the influence of drugs because experts do not agree as to what quantity of specific drugs make a person legally “under the influence”. Many people drive after taking prescription medication even when the bottle says “may make you drowsy”. However, this does not necessarily mean you are guilty of driving under the influence.

In a case of DUI “drugs” often experts testify on both sides as to the impact on the average person when they are driving with a certain quantity of a particular drug.

Of course you can testify at your trial that you were not impaired due to taking the drug that you may have ingested.

DUI cases have serious consequences and you definitely should confer with an experienced DUI defense firm before going to court.


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