Q: Is it legal to charge DUI for meth after zero alcohol found?
My friend was pulled over for suspicion of DUI because he straddled the double yellow line a couple of times. The officers claimed they smelled alcohol but breathalyzer tests showed a 0% alcohol level. Despite this, he was arrested, and a blood test revealed a small amount of meth in his system. He is now being charged with DUI for meth. Is it legal for them to charge him with DUI for meth after initially suspecting alcohol when no alcohol was found?
A: If they did not have probable cause (that is, sound evidence) that he was probably somehow intoxicated before they arrested him, the DUI charge will not stand. Straddling a double yellow is sufficient evidence for a traffic stop but is insufficient for a DUI arrest. They commonly try to obtain the necessary evidence prior to arrest by conducting field sobriety tests.
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A:
Yes, it is completely legal and common for officers to charge someone with DUI for methamphetamine even if they initially suspected alcohol impairment. California Vehicle Code 23152 makes it illegal to drive under the influence of any drug that impairs your ability to drive safely - this includes both legal and illegal substances.
When officers observe signs of impaired driving like straddling lines, they can investigate further even if their initial suspicion about the specific substance turns out incorrect. The key factor is whether the driver was impaired, not what caused the impairment. During a traffic stop, officers are trained to look for various signs of impairment beyond just alcohol.
Your friend should seek immediate legal representation since DUI drug cases can be complex and carry serious penalties in California. Evidence like blood test results, officer observations of driving patterns, and field sobriety test performance will all factor into the case. Getting proper legal help quickly can make a significant difference in the outcome, as there may be opportunities to challenge various aspects of the stop, testing procedures, or evidence handling.
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