June 12, 2007 By Wallin & Klarich

There is a misconception that almost all drug cases are eligible for diversion through Penal Code 1000 and Proposition 36. Although it is possible to divert these offenses by completing certain drug classes and by subjecting yourself to random testing by the probation department, you will not be eligible for diversion if the offense is coupled with driving under the influence.

If charged with possession of narcotics and Driving Under the Influence, you may get the mandatory minimum (90 days) in jail. Keep in mind however, that the 90 days is only a guideline.

The court or the district attorney has the discretion to impose more jail time.

What to do when encountered with this type of dilemma? Hire an attorney and retain the best experts to help you to retest the blood or urine sample.

Hundreds of cases have been dismissed as a result of retesting. Reliable experts may be able to testify that the amount or residue of drugs in your system was not sufficient to impair your driving skills. Such testimony may not only be admissible in courts, but it could also save your driver’s license.

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