A drunk driving offense is not a slap on the wrist, it is a criminal charge in California. Because of this, it is possible that your DUI arrest could lead to jail time.
If you have been arrested for DUI recently, it is important you understand what can lead to your incarceration. Each case differs considerably, and extenuating circumstances as well as different judges can impact your final judgement.
Proposition 47 Can Reduce Certain Felony Sentences
Proposition 47 has turned certain felonies into misdemeanors for some non-violent drug and property crimes. This can lead to an early release from incarceration, for inmates who have been sentenced for non-serious and non-violent crimes.
Who does this affect?
This recently passed proposition will immediately affect people who are being prosecuted, or have been convicted of the felonies covered under the prop. Namely:
- Inmates who are currently incarcerated because of a felony conviction that is now being considered a misdemeanor
- People who are currently being tried for a felony that is now being considered a misdemeanor
- Anyone with a loved one that is still serving time for a felony that is now being considered a misdemeanor
If you think you may fall into one of these categories please call our office for a FREE consultation.
Which felonies are now being considered as misdemeanors?
The following crimes have been reduced from a felony to a misdemeanor by the State of California:
- Health & Safety Code 11350(a), Possession of a Controlled Substance
- Health & Safety Code 11357(a), Possession of Concentrated Cannabis
- Health & Safety Code 11377(a), Possession of a Controlled Substance
- Penal Code 459, Commercial Burglary (during business hours and less than $950)
- Penal Code 470, Forgery (less than $950)
- Penal code 476a(a), NSF Checks (less than $950)
- Penal Code 487, Grand Theft (less than $950)
- Penal Code 496(a), Possession of Stolen Property (less than $950)
- Penal Code 666/484(a), Petty Theft with Prior Convictions (less than $950)
For example: If an inmate was found guilty of Commercial Burglary (Penal Code 459) for less than $950 worth of stolen property, charged with a felony, and given a felony sentencing. His/her felony would now be considered only a misdemeanor, and therefor the felony sentence could be reduced to a misdemeanor sentence.
If you or anyone you know has been arrested for DUI, contacting an Orange County DUI Attorney should be your first priority. Call the Law Offices of Chad Maddox for a free consultation, (714) 695-1500.
Beginning on New Year’s Eve and then onward, the Los Angeles Police Department (LAPD) announced they will be using a new portable device at sobriety checkpoints. This device is a swab testing tool-kit, that will check for drug use with suspected drivers. A California state grant supplied the LAPD with funds to use the swab testing kit at DUI checkpoints and jails.
Los Angeles officials reported, that the drug-swab kit is to be used along side the breathalyzer tools used to measure blood alcohol content (BAC) in a person’s body. The LAPD stated this was a necessary step to their aggressive campaign to stop impaired driving, during the holidays, and beyond. L.A. City Attorney Mike Feuer made reference to the increased amount of medical marijuana dispensaries in the Los Angeles area, and the amount of drivers driving under the influence of marijuana as a main reason for this new procedure at DUI checkpoints.
The drug swab testing kit has the ability to test for amphetamines, methamphetamine, cocaine, benzodiazepine (Xanax), methadone, and especially THC. There have been 0 reports of test results from the kit being used in any cases thus far. If given the opportunity, Californian prosecutors will use this chemical test evidence to achieve guilty verdicts. If you have given a check swab drug test at a DUI checkpoint you should seek the help of a DUI attorney immediately.
This past June the Supreme Court ruled in favor of law enforcement, stating that police officer’s legally have the right to take DNA samples from those arrested, despite the fact that they have not been convicted of a crime, or even gone to trial.
If you or anyone you know has been arrested for DUI it is imperative you contact an Orange County DUI Lawyer as soon as possible. Contact the Law Offices of Chad Maddox for a free consultation, (714) 695-1500.