Methamphetamine DUI cases are serious cases because of the dangers Meth can cause while driving. Methamphetamine is a very powerful synthetic drug that has serious accute and chronic effects on its users. In California, the Vehicle Code was amended in 2014 to expand the coverage of DUI laws and make it easier for prosecutors to prosecute DUI cases involving drugs. As with every DUI case, a person involved should be aware of what happens at the DMV, in criminal court and how DUI charges could possibly effect their career or professional life.
The California DMV’s authority in regulating the safety of the state’s roadways includes power to remove impaired drivers from the road by taking away their licenses. This is done through the “APS” process, which stands for “Administrative Per Se.” The APS process is a creature of statute: it was created by the California legislature in 1990 as a way to expedite the removal of drunk drivers from California’s roads.
The “APS” process is known as a “DMV Hearing” for DUI cases. Because methamphetamine DUI is a new phenomenon, the DMV is still working on how to handle meth DUI cases. Unless the driver refused to submit to a blood test, the DMV will not take action unless the driver also exhibited alcohol DUI symptoms and had a blood alcohol content above 0.08%.
CVC 23152(e) and CVC 23152(f) were enacted to expand the ability of prosecutors in California to charge DUI drivers. These two sections deal with drug related DUI, and allow prosecutors more latitude when deciding to charge a driver with DUI. Regardless of which section prosecutors decide to charge a driver under, the consequences are the same: a driver who is arrested for methamphetamine DUI can face jail time, license suspension from the court, mandatory drug testing, mandatory drug education and lengthy probation.
Many careers involve professional licensing. Real Estate agent, Nurse, Doctor, Lawyer, Accountant are all examples of careers that involve special licensing from the state. If a person is arrested for Methamphetamine DUI, they may have issues with the licensing authority for their given field. It is important to speak with an experienced DUI lawyer to understand exactly what can be done in a Methamphetamine DUI case.
Methamphetamine DUI Reference Links:
California DMV: APS process California’s DMV regulates the roadways and driver’s licensing in the state. Drug DUI cases are relatively new for the DMV to handle, and procedures to handle them are still under review
CVC 23152: California’s DUI law In 2014 the vehicle code was amended to expand prosecutors’ powers in charging DUI arrests.