Getting arrested for either driving under the influence (DUI) or drug possession is a serious matter. However, being charged with both simultaneously can significantly compound the legal consequences. If you’re facing charges for DUI and drug possession, it’s essential to understand your rights, the potential penalties, and the importance of legal representation.
This guide offers a comprehensive overview of what you can expect if you are caught with both DUI and drug possession charges, and why you should seek immediate legal assistance from experienced attorneys like those at Southwest Legal.
Understanding DUI and Drug Possession Charges
Driving Under the Influence (DUI) refers to operating a motor vehicle while impaired by alcohol, illegal drugs, prescription medication, or even certain over-the-counter substances. Although each state sets its own thresholds, most follow the federal standard of a blood alcohol concentration (BAC) of 0.08% as the legal limit. For drug-related DUIs, impairment is determined through field sobriety tests, toxicology reports, or officer observation.
Drug possession involves knowingly having a controlled substance without a valid prescription. The seriousness of a possession charge can vary depending on the type of drug (e.g., marijuana vs. heroin), the quantity involved, and whether the individual intended to use, distribute, or manufacture the drug.
When you are charged with both DUI and drug possession at the same time, these offenses can lead to compounded legal challenges and consequences that are significantly more severe than either charge alone.
What Happens If You’re Caught with Both?
If law enforcement stops you and discovers both impairment and illegal drugs in your vehicle or on your person, you may face multiple charges. This usually includes:
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DUI
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Possession of a controlled substance
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Possibly possession with intent to distribute (depending on the quantity and circumstances)
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Additional charges such as open container violations, paraphernalia possession, or endangerment if children are present
These charges are often filed concurrently, meaning you’ll be dealing with multiple legal battles simultaneously. In some jurisdictions, this may also escalate the charges to a felony, even if the individual offenses might be classified as misdemeanors when charged independently.
Legal Penalties and Consequences
The legal penalties for DUI and drug possession vary by state, but in general, you can expect the following if convicted of both:
1. Fines and Court Costs
Expect substantial financial penalties. DUI fines can range from hundreds to thousands of dollars. Drug possession fines may be similar or higher, especially for controlled substances classified under Schedule I or II.
2. Jail or Prison Time
First-time DUI offenders may face jail time ranging from a few days to six months, depending on the severity. Drug possession convictions can result in incarceration from a few months to several years. When both charges are involved, judges may impose consecutive sentences.
3. Driver’s License Suspension
A DUI conviction nearly always leads to a suspended driver’s license. Some states also impose mandatory suspensions for drug possession, even if the offense was not committed while driving.
4. Probation
In some cases, jail time may be reduced or avoided through probation. However, probation for dual offenses is often stricter and longer, requiring mandatory drug testing, treatment programs, regular check-ins with a probation officer, and community service.
5. Permanent Criminal Record
Both DUI and drug possession convictions typically remain on your record and can negatively affect employment, housing opportunities, insurance rates, and more.
6. Vehicle Impoundment and Ignition Interlock Devices
Your vehicle may be impounded at the time of arrest. In many DUI cases, especially for repeat offenders, courts may require the installation of an ignition interlock device, which prevents the car from starting if alcohol is detected on your breath.
Examples
Laws and penalties vary by state, but here are a few examples to illustrate the range of consequences:
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California: A first DUI offense can carry penalties including up to six months in jail, fines up to $1,000, and license suspension. Drug possession penalties vary widely depending on the substance but may include diversion programs for first-time offenders.
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Texas: DUI and drug charges are aggressively prosecuted. Possession of even small amounts of drugs like marijuana can result in up to 180 days in jail, while a first-time DUI can lead to fines of $2,000, jail time, and license suspension.
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Montana: Under the state’s “Bobby’s Law,” drivers involved in a fatal DUI with a blood alcohol level over 0.16% face three to 30 years in prison and up to $50,000 in fines. Drug charges are also taken seriously, with stiff penalties for possession and distribution.
Defending Against DUI and Drug Possession Charges
Facing dual charges requires a comprehensive defense strategy. Some of the most common defenses include:
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Unlawful Stop or Search: If the police did not have probable cause to stop your vehicle or search it, evidence obtained may be inadmissible in court.
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Invalid Testing Procedures: Breathalyzers, blood tests, and field sobriety tests must be conducted properly. Any errors or equipment malfunctions can weaken the prosecution’s case.
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Lack of Knowledge or Intent: In drug cases, the prosecution must prove that you knowingly possessed the drugs. If you were unaware of the substance or it belonged to someone else, your attorney may challenge the possession charge.
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Prescription Defense: If the drugs found were legally prescribed and taken according to instructions, this could serve as a valid defense against possession or DUI charges.
An experienced attorney can explore these and other options depending on the specific facts of your case.
The Importance of Legal Representation
Because the consequences of combined DUI and drug possession charges can be life-changing, it is crucial to hire a qualified attorney who understands both types of charges and how they interact in court. These cases require a careful review of evidence, strong negotiation with prosecutors, and, if necessary, aggressive defense at trial.
Legal professionals at Southwest Legal specialize in DUI and drug-related cases and can help guide you through the legal process, ensuring that your rights are protected at every stage.
If you or a loved one has been arrested for DUI and drug possession, do not wait. Early legal intervention can significantly impact the outcome of your case. At Southwest Legal, our experienced defense attorneys are dedicated to providing skilled, compassionate representation to help you achieve the best possible result.
We understand the stress and uncertainty you’re facing, and we’re here to help. Contact us today for a free, confidential consultation. Let us fight for your future.
