DWI? questions

[TappyTibbons]

so my friend got a dui or dwi type deal last night, he was driving under the influence of a lot of xanax. When he got pulled over he had about 1/4 gram of pure xanax powder, and a couple oc 40's. He was charged with DUI and driving without a license (he had a to and from work license only, and he was on his way home, i dunno why they charged him with that). So they towed his car, took his drugs.. took him downtown, and I came and picked him up about an hour later. What kind of fines, and shit should he expect? How long until he can get his car? Also we are in California if that helps at all

[irish]

I would be way more worried about the drugs than the dwi. Especially pure alprazolam powder. The cops are really going to want to know where that came from.

[TappyTibbons]

well, they guy really didn't believe that it was alprazolam, he just kept saying, "are you sure this isn't coke"........... but i looked at my friends ticket, and it doesn't say a damn thing about drugs.

[irish]

A friend of mine was caught with six vikes, and they waited a year to charge him so I would still be concerned about the drugs. Might be best to get a lawyer now.

[pun1178]

wow that mega sucks if they find pills where in nyc even if there yours if you dont have the pill bottle you can get takin into central booking until they make sure there your pills

[irish]

I know that in Nebraska it is a felony to have prescription meds in any container other than the one they were dispensed in. Yet they still sell pill boxes and the like at pharmacies.

[WarmCyanide]

they let you pick him up an hour later? was he still messed up? wow!

[pun1178]

hey irish thats on all scripts? or controled stuff?

[TappyTibbons]

yeah they let me pik him up. he was pretty out of it for benzo's, you know how that is. But seriously, anyon here with knowledge of califoria penal code around here? Caught wth drugs and charged with dui, and the confiscated his drug (not prescribed to him) we just found out it's 30 days of impound unil he can get his ca back, and then as far as we know they could send him to "federal pound me in the ass penetenary" Anyone with some helpful hits or maybe what to expect?

[TappyTibbons]

bumpage? 123456789 10 characters, happy now?

[I'm-Nod-Addicted]

Get a lawyer or get fucked!

[Papa Verine]

I'm sorry but I just can't see this as a very big deal. I got 3 DUI's here in Illinois. The second one I drove through a Chicago detectives backyard and stopped by a tree or I would've run him and his family over. My third one I had 3 bags of H on me and did them (snorted) as the cops were walking up to my car. I was guilty as fuck on all of mine. Drunk as Hell just to start with. And here's the funny part if there IS a funny part. Every single time they asked me how much I had to drink I said the same thing... "NOT A DROP". I insisted I was stone cold sober every time, refused to blow. One of them was so bad that they took me to the local hospital and drew blood. My BAC was a .395!!! That's not a fucking typo either. I was a terrible, terrible drunk back then. I don't touch the stuff these days.

So, anyway, he obviously didn't "blow" and they cannot really prove he was on benzodiazepine powder. If I went to my lawyer with this case he'd be fucking delighted. All mine were disastrous. I overheard my lawyer joking with the prosecutor "Is that the blood level or the alcohol level?"

I was sent away for awhile...

[Chicago]

Dammmmm. That has to be the highest I ever heard, almost a .4.:D
I'm sorry but I just can't see this as a very big deal. I got 3 DUI's here in Illinois. The second one I drove through a Chicago detectives backyard and stopped by a tree or I would've run him and his family over. My third one I had 3 bags of H on me and did them (snorted) as the cops were walking up to my car. I was guilty as fuck on all of mine. Drunk as Hell just to start with. And here's the funny part if there IS a funny part. Every single time they asked me how much I had to drink I said the same thing... "NOT A DROP". I insisted I was stone cold sober every time, refused to blow. One of them was so bad that they took me to the local hospital and drew blood. My BAC was a .395!!! That's not a fucking typo either. I was a terrible, terrible drunk back then. I don't touch the stuff these days.

So, anyway, he obviously didn't "blow" and they cannot really prove he was on benzodiazepine powder. If I went to my lawyer with this case he'd be fucking delighted. All mine were disastrous. I overheard my lawyer joking with the prosecutor "Is that the blood level or the alcohol level?"

I was sent away for awhile...

[pBong]

SoCal has only been my residence for a year, but I believe possession of a schedule III medication (in this case, alprazolam) is a misdemeanor -- which means max sentence is 1 year in prison. Since the Oxycontin is schedule II (and not to mention all the bad press this drug garners) there may be increased penalities for that. I doubt even a 1/4 gram of xanax would result in possession with intent to distribute charge, but if that were the case do expect A LOT more hassle.

There are so many variables, but if this is your buddy's first offense, coupled with all the overcrowding of the jails (at least LA County) I would suspect he'd be able to go through drug court or some type of rehibilitation program and wind up with essentially a slap on the wrist. In all honesty, to get any real solid advice you are going to have to provide a specific run-down of the encounter with Johnny Law and more than likely consult an attorney.

Sorry for the lack of direction, hope all turns out well for your bud.
-pBong

[D-BoyJake]

My StepDad is a criminal defense laywer in So Cal, and we actually discussed this very thing once.

1st off, obviously the charges will revolve around the amount. And as everyone knows, sometimes the amount can be *greatly* exaggerated by the police.

But.... if the person does get charged with a felony, it's not the end of the world. California has some proposition they recently passed (not sure the number) that allows anyone who catches a felony drug case the opportunity to go through a rehab center. The state won't pay for it...it'll totally be up to the person to find a lace and/or pay for it. If the person succesfully completes the program, the felony gets dropped, and even the arrest is stricken from the record.

That's why the Salvation Army's work/drug rehab/slavery programs have waiting lists. The program is free, and 6 months later, the felony is gone...

Hope that helps at least a little bit...