Driving under the influence is a complex situation. This page is dedicated to the basics regarding DUI and is by no means inclusive of all issues as there are books on this issue alone. In these cases there is criminal phase and an administrative phase. The criminal phase is handled in a criminal court while the administrative phase is focuses on the driver retaining driving privileges.
As an Alamosa DUI lawyer this office is routinely handling these cases. Driving under the influence includes driving while under the influence of alcohol, marijuana, other illegal drugs, and even prescription medications.
DUID is short for Driving Under the Influence of Drugs. Drugs includes all drugs even if the drugs are prescribed by a doctor. A person could be charged with DUID for taking their anxiety medication, pain medication, or marijuana (even with a medical card). Alamosa DUID attorney is advised if charged as DUID because this charge is complicated in terms of levels in the blood if a blood draw was given.
If the driver's ability has been impaired substantially or even to slightest degree the driver may be charged. For an adult with a regular license, a blood alcohol level .08 or above is a DUI per se. If a marijuana level is 5 nanograms or above the driver is presumed to be under the influence.
If a driver is charged with driving under the influence they can request a DMV Hearing in attempt to fight and keep their driving privileges. Remember, a conviction in the court may take a license; the DMV may take the license. In essence there are two entities trying to take a driver's license. There are time restraints in requesting a DMV Hearing.
Persons convicted of driving under the influence face mandatory jail, probation, fines, costs, loss of driver's license and other collateral consequences.