If you ever pass through a DUI checkpoint or get pulled over by a police officer on suspicion of drunk driving, you may be curious about your rights. After all, this kind of stop can be frightening and unsettling, and how you handle the stop and subsequent arrest may have a significant bearing on the outcome of your case. For example, it’s not uncommon for a police officer to ask you to submit to a blood or breath test to determine your blood alcohol concentration. Is it within your rights to refuse this assessment?

In California, the answer to this question can be boiled down to a simple rule of thumb: You’re not required to take a blood or breath test during a DUI stop before you’re arrested, but you’ll face a number of consequences if you choose not to do so after you’ve been arrested. Fortunately, if you’ve been arrested for DUI and refused to take a breath or blood test, an experienced Santa Barbara criminal defense lawyer is standing by to help you. Here’s everything you need to know about declining this test in California.

Understanding California DUI Laws and “Implied Consent”

There are two types of breathalyzer tests in California –– one that’s performed before your arrest and another that’s executed afterward. Before your arrest, an officer may try to establish probable cause by asking you to take a voluntary “preliminary alcohol screening” test (PAS), which is typically administered using a breathalyzer. Except for those currently on DUI probation or under the age of 21, you’re not required to take a pre-arrest preliminary alcohol screening test, and you won’t be penalized if you refuse to do so.

However, following your arrest, the breathalyzer test you’re given at the police station is mandatory. If you refuse, you may be subjected to additional penalties under California’s “implied consent” law for refusing a chemical test. Like many states, California implements implied consent laws that require drivers in the state to submit to a blood or breath test to determine whether alcohol or drugs are in their body and their level of intoxication. This mandatory submission is part of the broader framework of chemical testing.

Implied consent laws are in place with the idea that driving is a privilege and not a right, and if you refuse to take the test, your driving privilege should be revoked for some time. In other words, when you obtain your California driver’s license, you consent to provide a blood or breath test if you’re ever arrested for DUI, meaning your consent is implied and given in advance as a condition of holding a driver’s license.

What Are the Penalties for Refusing to Take a Blood or Breath Test after a DUI Arrest?

California law allows the driver to choose between a blood or breath test, but if neither a blood nor breath test is available, the driver must take a urine test. An arresting officer is required to explain the consequences of refusing a test and may state that you don’t have the right to speak to a lawyer before taking the test and that refusing to do so can be used against you in court.

If you refuse a blood or breath test after being arrested, you could face additional penalties such as fines, license suspension, and jail time if you are convicted. Refusing a breathalyzer test in California can lead to severe consequences, including increased penalties and complications in your legal defense. California Vehicle Code Section 13353 states that if a police officer has probable cause to arrest you and you refuse to submit to a blood or breath test, you may face an automatic one-year license suspension and may also be required to attend a nine-month DUI school whether or not your DUI charge is eventually dismissed or you’re ultimately found not guilty of DUI.

It’s important to note that these penalties are in addition to those you’ll face if you’re convicted of DUI. Being under the legal limit can sometimes provide exonerating evidence, but refusal to take the test can complicate your defense

Call the DUI Defense Attorneys at The Aron Law Firm Today

Just because you’re pulled over on suspicion of DUI doesn’t mean you’ve committed a crime. Even if you refused the breathalyzer test following your arrest, there might be ways to sidestep the impact of refusal. Seeking legal counsel can help you explore potential defense strategies tailored to your case. At The Aron Law Firm, we know how frustrating a DUI arrest can be, so our goal is to make this process as easy as possible. Our team of highly trusted attorneys knows the ins and outs of California DUI defense and will be with you every step of the way. We will guide you through the legal process, ensuring your rights are upheld throughout the legal proceedings.

At The Aron Law Firm, we understand and have experience defending countless clients against these types of charges and can help you get the best results possible for your situation. As a skilled DUI defense lawyer, we can assess the strengths and weaknesses of your case and craft a robust defense strategy. Give us a call at (805) 618-1768 or complete our contact form today.

You probably already know that if the police suspect you’ve been driving under the influence, they have the right to pull you over and assess your blood alcohol content. This evaluation may be performed in a number of ways, the most popular of which is through a breathalyzer test. Another method, which is perhaps one of the most accurate and scientific techniques that police use to understand your blood alcohol level, is to take a sample of your blood. However, many drivers are confused about the rules and regulations surrounding the legality of blood samples, most notably whether or not the police may withdraw your blood without your consent.

In a nutshell, with few exceptions, the police can’t legally take blood from a driver suspected of DUI against their will unless they have a warrant. This is true even if the police reasonably suspect the driver of alcohol use. Legal procedures related to blood drawn without consent can be complex and often require a warrant. However, it’s important to note that if you refuse to submit to a blood test, you may still be required to take a breath test. In any case, if you think your blood was withdrawn without your consent or if you need help defending your rights against your blood test results, contact the experienced legal professionals at Aron Law Firm today.

Law enforcement must follow strict protocols when obtaining blood samples to ensure the legality and admissibility of the evidence in court.

When Does California Law Require a Warrantless Blood Draw for DUI?

It’s crucial to note the nuances surrounding California’s implied consent law. In general, California drivers all consent to take a DUI blood or breath test if they’re lawfully arrested for driving under the influence, which is a form of chemical testing. However, drivers don’t have to take a blood test and are instead given the option to decide between a breath and a blood test. Exceptions arise in the following scenarios:

• If the driver is unconscious
• If the driver has been taken to a facility where breath testing isn’t available
• If the police have a warrant
• If the police reasonably believe the driver was under the influence of drugs
• If the police suspect you’ve committed a felony

This rule is relatively new in California. Prior to the laws changing in 2018, a warrant was required for a blood draw. Today, even if the police don’t have a warrant, they may still draw your blood if you voluntarily and freely choose a blood test over a breath test or if you fall into one of the exceptions listed above. Additionally, the legality of a warrantless blood draw has been the subject of significant legal scrutiny, with the Supreme Court ruling that strong justification is required for such actions.

Is It Better to Take a Blood Test or a Breath Test If You’ve Been Pulled Over for DUI in California?

Predominantly, drivers tend to choose breath tests over blood tests because they’re faster and less invasive. However, there are a few reasons why you may prefer a blood test in the context of DUI cases, especially considering the procedures and legality of obtaining blood testing without consent. For one, breathalyzers measure the amount of alcohol in your system by mathematically converting this number to an approximately equivalent BAC, a formula known as a “partition ratio.” Because everyone’s partition ratio is different, some people consider blood tests a more accurate measure of BAC than breath tests. Additionally, a portion of your blood sample may be saved for later retesting, which is sometimes a significant advantage.

In California, law enforcement uses chemical tests, particularly blood tests, to determine the presence of alcohol or drugs in an individual’s system for DUI cases. Under the implied consent law, individuals implicitly agree to chemical tests, but there is also the ability to withdraw consent to a blood draw based on specific legal cases.

Contact the Knowledgeable Criminal Defense Lawyers at The Aron Law Firm

Contact the Aron Law Firm today if you’ve been arrested for driving under the influence or have additional questions about providing consent for blood tests in California. We’ll not only help you understand your situation and the options you have based on the circumstances of your case, but our skilled California criminal defense lawyers may be able to help you sidestep the penalties associated with a DUI conviction. After investigating your case in detail and building a robust defense, our legal team will do everything in our power to protect your rights.

Police officers play a crucial role in obtaining blood samples, often ordering blood draws and conducting preliminary alcohol screening tests in DUI cases.

At the Aron Law Firm, our team is well-versed in DUI defense law and may help you dodge the consequences that stem from this offense. We have a wealth of experience helping clients with legal issues avoid a wide variety of criminal charges. We focus on our client’s well-being as we work to make the legal process as painless as possible. Supreme Court rulings have significant implications on the legality of blood testing in DUI cases, including the requirements for warrants.

The United States Supreme Court’s decision in Missouri v. McNeely clarified the criteria for what constitutes a reasonable blood test, impacting implied consent laws for chemical tests in California.

To discuss your case with a criminal defense attorney, schedule a consultation by calling (805) 618-1768 or completing our online contact form today.

It is illegal to possess, use, or be under the influence of a benzodiazepine, such as Xanax, in California if you do not have a valid prescription. Under the Controlled Substances Act (CSA), benzodiazepines, also known as “benzos,” are federally classified in the United States as Schedule IV drugs, meaning they are under strict regulation.

If you or someone you care about has been arrested for illegally selling, using, or possessing benzodiazepines or other controlled substances in California, your lifestyle and freedom are on the line. At Aron Law Firm, we have extensive experience protecting people accused of various drug crimes in California. Our client-centered approach means your Santa Barbara criminal lawyer will give your drug crime case the personalized attention it deserves. 

What You Should Know About Benzodiazepine and Prescription Drugs in California

Benzodiazepines are the most frequently abused type of prescription medication in the United States. These drugs raise the inhibitory neurotransmitter GABA levels in the brain in order to calm or sedate a person. These drugs are minor tranquilizers and are often prescribed to treat ailments such as:

• Anxiety
• Insomnia
• Muscle spasms
• Seizures
• Withdrawal from drugs or alcohol

There are 15 different kinds of benzodiazepine drugs approved by the U.S. Food and Drug Administration. The following prescription drugs are some of the most commonly abused benzodiazepines in California:

• Alprazolam (Xanax)
• Clonazepam (Klonopin)
• Diazepam (Valium)
• Lorazepam (Ativan)

Some others you might have heard of include Serax, Centrax, and Halcion.

California Laws Regarding Benzodiazepines, Such as Ativan, Klonopin, Valium, and Xanax

In California, being under the influence of any type of benzodiazepine drug or any other controlled substance without a valid prescription is a violation of HS 11550. This State statute governs the use of narcotic drugs and other controlled substances. An offense under HS 11550 is a misdemeanor crime in California, and if convicted, you could be sentenced to serious penalties, such as:

• Imprisonment for up to a year in the county jail
• Completion of a licensed drug rehabilitation program
• Hefty fines
• Probation for up to five years
• Community service

Unlawful possession of a benzodiazepine drug or controlled substance in California violates HS 11375 and is classified as a wobbler crime. Wobbler crimes can either be charged as misdemeanors or felonies, depending on the circumstances surrounding the specific case. Either charge can put a person in prison for up to a year or even more.

Defendants can raise a legal defense if they have been accused of a crime involving a benzodiazepine or controlled substance under HSC 11550 or 11375. If the defense is successful, the defendant may have their charge reduced or dismissed altogether.

If you have been accused of a crime involving benzodiazepines or controlled substances in California, your criminal defense attorney could argue that you:

1. Valid Prescription

One of the most straightforward defenses against a benzodiazepine or controlled substance charge is proving the accused had a valid prescription for the drug. California law permits the possession and use of benzodiazepines if they are prescribed by a licensed medical professional. Documentation from a pharmacy or physician can substantiate this defense.

2. Lack of Knowledge

A defendant may argue that they were unaware of the presence of the benzodiazepine or controlled substance. This defense applies in situations where the defendant did not know they were in possession of the drug, such as if it was left in their vehicle or home without their knowledge. Demonstrating a lack of intent to possess can be key to this argument.

3. Unlawful Search and Seizure

The Fourth Amendment protects against unreasonable and illegal searches and seizures. If law enforcement obtained the benzodiazepine or controlled substance through an illegal search of the defendant’s property or person, the evidence could be deemed inadmissible in court. This defense requires a thorough examination of the circumstances leading to the discovery of the drug.

4. Misidentification of Substance

In some cases, the defense may argue that the controlled substance in question was not a benzodiazepine. This could involve challenging the accuracy of the chemical analysis used to identify the drug. Discrepancies or errors in the testing process can cast doubt on the prosecution’s evidence.

5. Medical Necessity

Although less commonly used and more difficult to prove, a medical necessity defense might apply in rare cases where the use of a benzodiazepine or controlled substance was essential to prevent a significant health risk. This defense requires compelling medical evidence and is typically considered only under exceptional circumstances.

6. Entrapment

Entrapment happens when law enforcement persuades an individual to engage in criminal activity that they would not have otherwise committed. If the defendant can prove that they were coerced into possessing, using, or selling benzodiazepines or prescription drugs by law enforcement, this defense can be effective. However, proving entrapment is challenging and requires clear evidence of coercion.

Facing charges for benzodiazepine offenses in California is daunting, but there are several viable defenses that may be raised, depending on the facts of the case. Each defense addresses different elements of the prosecution’s case, from the legality of the possession to the integrity of the evidence. An adept criminal defense attorney can navigate these complexities, aiming to reduce or dismiss the charges against you. Remember, the success of any defense depends heavily on the specifics of the case and the skill with which it is argued in court.

First-Time Benzodiazepine Offenses vs. Repeat Offenses

When facing charges related to the illegal possession, use, or sale of benzodiazepines or prescription drugs in California, the legal consequences can vary significantly between first-time offenders and individuals with prior convictions. Understanding these differences is essential for anyone navigating the complexities of California’s controlled substance drug laws.

First-Time Offenders

For individuals facing their first charge involving benzodiazepines, California law often provides opportunities for more lenient sentencing and alternatives to incarceration. The aim is to encourage rehabilitation over punishment, reflecting a broader understanding of the complexities surrounding drug use and dependency.

• Diversion Programs: Eligible first-time offenders may have the opportunity to participate in drug diversion programs, such as those outlined in Proposition 36 or PC 1000. These programs often involve drug treatment and education rather than jail time, with successful completion potentially leading to the dismissal of charges.
• Probation: Instead of jail time, first-time offenders may receive probation. Terms of probation could include mandatory drug counseling, community service, and regular drug testing.
• Reduced Sentences: If incarceration is unavoidable, first-time offenders might receive reduced sentences compared to repeat offenders, acknowledging the individual’s potential for rehabilitation.

Repeat Offenders

For those with a previous criminal record, the legal system in California takes a stricter stance. The intention is to deter persistent illegal prescription drug use and sales, with increased penalties reflecting the severity of repeat offenses.

• Longer Incarceration Periods: Repeat offenders face more extended jail or prison sentences, with the length depending on the number of prior convictions and the specifics of the current controlled substance charge. The law aims to escalate the consequences with each subsequent offense.
• Mandatory Minimum Sentences: Certain repeat offenses might trigger mandatory minimum sentences, limiting the discretion of judges to impose lighter penalties.
• Stricter Probation and Parole Terms: For repeat offenders granted probation or parole, the conditions tend to be more stringent, with increased supervision, more frequent drug testing, and potentially longer periods of probation or parole.
• Limited Eligibility for Diversion Programs: Repeat offenders often have reduced access to diversion and rehabilitation programs, as eligibility criteria typically favor first-time offenders.

It is important to note that the legal system evaluates each case individually. Factors such as the amount of substance involved, the existence of aggravating circumstances, and the defendant’s criminal record play a significant role in determining the outcome. Both first-time and repeat offenders have the right to legal defense. An experienced attorney at Aron Law can navigate the complexities of the law, advocate for the most favorable outcome, and, when possible, argue for alternatives to incarceration that focus on prescription drug rehabilitation.

DUI on Benzodiazepine or Controlled Substances

Driving under the influence (DUI) of benzodiazepines in California is a serious offense under Vehicle Code 23152c VC that can have far-reaching legal and personal consequences. Benzodiazepines or other controlled substances, while legally prescribed for a variety of conditions, can significantly impair cognitive and motor functions, making it unsafe and illegal to operate a vehicle under their influence. This section outlines key aspects of controlled substance misdemeanor and felony DUI charges related to benzodiazepine and prescription drug use, including legal definitions, penalties, and defense strategies.

DUI Defined

In California, a motorist is considered to be driving under the influence if they are behind the wheel of a vehicle while impaired by any controlled substance, including prescription drugs such as benzodiazepines. Impairment is defined as having one’s physical or mental abilities compromised to such a degree that it is no longer safe to drive. This is not dependent on the dosage taken but rather on the actual effect of the drug on the driver’s ability to operate a vehicle safely.

Penalties

The penalties for a DUI of benzodiazepines or controlled substances in California vary depending on the circumstances of the case and the driver’s history of DUI offenses. However, they can include:

• Fines and penalty assessments can amount to thousands of dollars.
• DUI school is a rehabilitation program aimed at preventing future DUI offenses.
• License suspension can range from several months to several years, depending on the number of prior offenses.
• Probation, which may include conditions such as regular drug testing.
• Jail time, especially for repeat offenders, or if the DUI resulted in a collision causing injury or death.

For first-time offenders, penalties are typically less severe but still carry significant legal, financial, and personal repercussions.

Defense Strategies

Defending against a DUI charge involving benzodiazepines or controlled substances requires a nuanced approach, as these cases involve both legal and medical considerations. Some common defenses include:

• Investigating the Legality of the Traffic Stop: If the initial traffic stop was conducted without probable cause or illegal search, any evidence gathered as a result may be inadmissible in court.
• Challenging the Results of Sobriety Tests: Field sobriety tests may be influenced by factors unrelated to drug impairment, such as medical conditions or nervousness. Similarly, blood tests can be contested based on the handling and analysis of the sample.
• Proving the Lack of Impairment: Demonstrating that the level of benzodiazepines in the driver’s system was within therapeutic ranges and did not impair driving ability can be a viable defense. This might involve presenting medical records or expert testimony.
• Necessity: In rare cases, a driver might argue that they had to drive to prevent greater harm, although this defense is difficult to prove and rarely used.

DUI charges involving benzodiazepines or controlled substances are complex, given the legal implications of driving under the influence and the medical aspects of prescription drug use. If you are facing such charges, it is crucial to seek legal representation. An experienced DUI attorney at Aron Law can help navigate the intricacies of your case, exploring all potential defense strategies to achieve the best possible outcome. Remember, the consequences of a DUI conviction extend beyond the courtroom, affecting your driving privileges, financial situation, and overall quality of life.

Legal Process and Timeline of a Benzodiazepine or Controlled Substance Charge

Facing criminal charges for the possession, use, or sale of benzodiazepines or controlled substances in California is a serious matter that follows a structured legal process. This process, from arrest to resolution, involves several stages, each with its own timeline and implications. Understanding this process is crucial for those accused, as it provides insight into what to expect and how to prepare for each phase.

1. Arrest and Booking

Following the arrest, the accused is taken to a police station for booking, where personal information and details about the alleged crime are recorded. This stage typically occurs immediately after arrest and can take a few hours to complete.

2. Arraignment

The arraignment is the accused’s first court appearance, usually within 48 hours of the arrest if the individual is held in custody. During this hearing, the accused party is formally charged, and they will plead guilty, not guilty, or no contest to the charges. Bail may be discussed at this stage, and a future court date is set.

3. Pre-Trial Proceedings

After the arraignment, if the plea is not guilty, the case moves into pre-trial proceedings. This phase can last several weeks to months and involves evidence exchange between the prosecution and defense (discovery), pre-trial motions (such as to suppress evidence), and possibly plea negotiations. It is a critical time for building a defense strategy.

4. Preliminary Hearing or Grand Jury

For felony charges, a preliminary hearing may be held where the prosecution must show sufficient evidence to justify the charges. Alternatively, a grand jury might be convened to decide whether there is enough evidence for the case to go to trial. This stage occurs a few weeks to months after arraignment.

5. Trial

If the case is not resolved through a plea agreement or dismissed, it proceeds to trial. The trial could be months or even over a year from the date of the arrest, depending on the court’s schedule and the complexity of the case. Trials can last from a few days to several weeks.

6. Sentencing

If the accused is found guilty of the crime, a sentencing hearing is scheduled, where the judge determines the appropriate penalty based on the facts of the case and mitigating or aggravating factors. Sentencing may occur immediately after a guilty verdict in a bench trial or be scheduled for a later date in a jury trial.

7. Appeals

The accused has the right to appeal a guilty verdict, seeking to have the conviction or sentence overturned or reduced. The appeals process can be lengthy, often taking a year or more to conclude.

Navigating the legal process for benzodiazepine or controlled substance charges in California requires a thorough understanding of the legal process and the potential timelines. The complexity and duration of the process highlight the importance of securing experienced legal representation at Aron Law early to protect your legal rights and work towards the best possible resolution of your case.

How a Benzodiazepines Possession Defense Lawyer Can Help Your Case

If you are facing drug possession charges, particularly for a controlled substance like benzodiazepines without a valid prescription in California, the stakes are high. The complexities of California drug laws and the severe potential penalties mean that navigating the legal system alone can be daunting and risky. Hiring a skilled drug possession defense lawyer is a critical step in protecting your rights, freedom, and future. Here is how a specialized attorney can make a substantial difference in your case:

1. Expert Legal Guidance

A defense lawyer with experience in drug possession cases brings a deep understanding of both state and federal drug laws. They can explain the charges against you, the possible penalties, and the best legal strategies available. Our focused knowledge allows us to navigate the legal system efficiently, ensuring that you make informed decisions at every stage of your case.

2. Developing a Tailored Defense Strategy

Every drug possession case is unique, with its own set of circumstances and evidence. A defense attorney at Aron Law will thoroughly investigate your case, including the circumstances of your arrest, the manner in which evidence was collected, and the legitimacy of the prosecution’s claims. They will use this information to develop a personalized defense strategy, potentially arguing that there was an invalid search and seizure, challenging the accuracy of drug testing, or proving that you had a legal prescription.

3. Negotiation Skills

Many drug possession cases are resolved through plea bargaining. We know how to negotiate effectively with prosecutors to potentially reduce the charges against you or to secure a more lenient sentence. Our negotiation skills can be especially valuable if you are a first-time offender or if there are mitigating factors that may determine the outcome of your case.

4. Representation in Court

If your case goes to trial, having a defense attorney by your side is invaluable. We will represent you in court, arguing before a judge and jury, cross-examining witnesses, and presenting evidence in your favor. Our goal is to create reasonable doubt about your guilt, aiming for a verdict of not guilty.

5. Mitigating Consequences

Even in cases where the evidence against you is strong, a defense lawyer can still make a significant difference by working to mitigate the consequences. This might involve arguing for alternative sentencing options, such as drug treatment programs instead of jail time, or advocating for reduced fines and probation terms. Their efforts can help minimize the impact of a conviction on your life.

6. Support and Reassurance

Facing criminal charges is emotionally taxing. A good defense lawyer provides not only legal representation but also support and reassurance throughout the process. They can help manage your expectations, offer advice on personal and professional matters affected by your case, and work to keep the stress and uncertainty to a minimum.

From providing expert legal advice and crafting a strategic defense to negotiating with prosecutors and representing you in court, their support is essential for navigating the challenges of the legal system. By hiring a specialized attorney, you significantly increase your chances of securing a favorable outcome, whether that means getting the charges against you reduced or even dismissed entirely.

Types of Possession of Benzodiazepines and Charges

In California, possession of benzodiazepines without a valid prescription is a criminal offense that falls under the jurisdiction of the state’s controlled substances laws. Benzodiazepines, commonly known as “benzos,” include drugs such as Xanax, Valium, Ativan, and Klonopin, which are prescribed for conditions like anxiety, insomnia, and seizures. However, due to their potential for abuse and dependence, these substances are tightly regulated. Understanding the nuances of possession charges, the potential penalties, and the implications of these charges is crucial for anyone facing such accusations.

Legal Framework

According to CA Health and Safety Code Section 11375, possession of benzodiazepines without a prescription is illegal. This law makes it a crime to possess these drugs unless they were lawfully prescribed by a healthcare professional. The classification of benzodiazepines as Schedule IV controlled substances under the Controlled Substances Act underscores their recognized medical use but also their potential for abuse.

The following are the types of possession charges:

• Actual Possession: This occurs when an individual has explicit physical control over the substance, such as carrying it in their pocket or in their vehicle.
• Constructive Possession: An individual may have benzodiazepines in a place they control, like their home, even if the drugs are not physically on them.
• Joint Possession: This refers to cases where two or more individuals share control over the substance, indicating shared responsibility.

The penalties for possession of benzodiazepines vary widely, depending on certain factors such as the quantity of the drug, the defendant’s criminal history, and the specific circumstances of the case. Generally, possession of benzodiazepines without a prescription is considered a misdemeanor in California, which can result in:

• Up to one year in county jail.
• A fine of up to $1,000.
• Probation, with conditions that may include drug counseling or community service.

For individuals with prior drug convictions or those found in possession of large quantities, charges could escalate, potentially leading to more severe penalties. Additionally, certain aggravating factors, such as possession near a school, can increase the seriousness of the charges.

Overview of California Health and Safety Code Sections

The California Health and Safety Code (HSC) is a comprehensive set of laws governing public health, environmental health, and health-related legal issues within the state, including the regulation of controlled substances. Several sections within this code are particularly relevant to drug offenses, including the possession, distribution, and manufacture of controlled substances such as benzodiazepines. Understanding California Health and Safety Codes is crucial for anyone navigating the legal ramifications of drug-related charges in California.

Health and Safety Code Section 11350

This section prohibits the possession of controlled substances without a prescription. It includes narcotics and non-narcotic substances classified under schedules I through V of the Controlled Substances Act. Violations of California Health and Safety Code 11350 are generally treated as misdemeanors under California law, subjecting individuals to potential penalties such as imprisonment in county jail for up to one year, fines, or probation.

Health and Safety Code Section 11375

Specific to benzodiazepines, California Health and Safety Code 11375 deals with the possession and sale of a controlled substance categorized as schedule III, IV, or V drugs, which include most benzodiazepines. Possession of these controlled substances without a valid prescription can lead to misdemeanor charges similar to those under California Health and Safety Code 11350. However, charges related to the sale or intent to sell these substances can result in more severe penalties, including felony charges for larger quantities or sales within certain prohibited areas, such as near schools.

Health and Safety Code Section 11377

California Health and Safety Code 11377 addresses the possession of methamphetamine and other specified non-narcotic controlled substances, treating possession for personal use as a misdemeanor. Like other possession offenses, penalties can include jail time, fines, or probation, with the potential for diversion to drug treatment programs under certain conditions.

Health and Safety Code Section 11352

This section prohibits the sale, transport, import into California, giving away, or offering to do any of those actions with a controlled substance. It covers a wide range of drugs, including opioids, certain hallucinogens, and other narcotics. Violations of HSC 11352 are felonies, carrying steeper penalties such as state prison sentences, larger fines, and potentially additional charges if minors are involved or sales occur near schools.

Health and Safety Code Section 11550

Under California Health and Safety Code 11550, it is a misdemeanor to be under the influence of controlled substances without a prescription. Penalties for a violation include up to one year in county jail, mandatory drug counseling programs, and probation. Repeat offenses or offenses committed under certain circumstances can enhance penalties or result in mandatory minimum sentences.

California’s approach to controlling the possession, distribution, and manufacture of a controlled substance is complex, with specific statutes addressing different substances and types of offenses. For individuals facing drug-related charges, it is essential to understand the relevant sections of the Health and Safety Code, as they dictate the potential charges, defenses, and penalties. Given the intricacies of these laws and the potential for significant consequences, legal representation by an attorney with expertise in California’s Controlled Substances Act and other relevant laws is invaluable for navigating these challenges effectively.

Fight a Criminal Charge for Benzodiazepines With an Experienced California Defense Attorney

The use, sale, or possession of benzodiazepines or controlled substances without a valid prescription is a criminal offense in California that could come with severe penalties. Whether you have been arrested for benzodiazepines or another controlled substance, an Aron Law Firm criminal defense attorney will have what it takes to defend your rights.

Our goal is to ultimately see your charges dismissed entirely, but if that is not possible, we will fight to have your charges reduced as much as possible. For thoughtful, intelligent representation in California, call our office at (805) 618-1768 or complete our contact form for more information about how we can work to protect you during this stressful time. Our phone lines are open 24 hours a day, seven days a week.

When facing legal challenges, the last thing anyone needs is a drug test yielding misleading results. Yet, certain medications can inadvertently cause false positives on drug tests, complicating legal proceedings and adding a layer of stress to an already difficult situation. Understanding which medications can affect drug test results is crucial for anyone undergoing legal scrutiny. False positive results may dramatically impact the severity of legal consequences and penalties in a criminal defense case, especially.

At the Aron Law Firm, we are staunch defenders of criminal law. We understand the critical nature of precise legal representation during your criminal defense claim. While this information may also be helpful for those subjected to employment drug testing, we do not handle cases related to employment law. We will focus on how certain drugs may impact an individual’s criminal defense claim. 

Why Do Drug Tests Present False Positives?

Drug testing is used to identify the presence of certain substances and medications in the body. Unfortunately, drug test results are not 100% accurate, and false positives may occur. This is the case for urine drug screens, saliva drug tests, sweat sample screenings, hair drug tests, and more, as they are all subject to errors and false negatives or positives.

“False positive results” are when a drug testing method falsely flags a medication or substance you do not actually take.

Sometimes, these are caused by lab errors, but certain medications have also been known to trigger false positive results in drug testing. There are also cases where mistakes result in false negative results. If you want to know whether your medications were likely to cause a false positive drug test, we can help break down the most common substances that may produce less-than-ideal results.

What Kinds of Drug Screenings Are There?

There are many types of drug screenings you may be asked to complete during probation or other legal matters. 

While we primarily focus on cases where drug screenings are used in the criminal legal system, some may appear in employment environments. However, we are focusing on the fact that a false positive drug test result can be associated with far worse consequences within the legal system. The following are types of confirmatory tests you may have been subjected to:

• Urine drug tests
• Gas chromatography mass spectrometry
• High-performance liquid chromatography (HPLC)
• Blood testing
• Saliva sample testing
• Hair testing
• Sweat sample screens

Most of these are testing for the presence of illegal drugs and certain categorical drug classes, but many are using laboratory methods such as looking for cross-reactivity with a certain chemical structure.

When a clinical practice notices that substances cross react, they generally conclude that there is a positive result on that specific test. However, many of these tests have poor specificity, often resulting in incorrect conclusions and results that reflect poorly upon the test subject.

These false positives can have harrowing consequences for individuals battling the legal system, but a criminal defense lawyer from Aron Law Firm can provide much-needed relief. We have the tools, resources, and strategies necessary to highlight the likelihood of a false positive on your drug screen. Our firm does not handle claims involving false positives on drug screens in an employment environment.

Are There Risks Associated With False Positives on a Drug Screen?

When a drug screen incorrectly marks people positive for drugs they have not taken, they could face severe, unwarranted consequences. These could include loss of privileges, increased probation time, jail time, fines, and other unfair penalties due to a false positive during drug testing.

If you or someone you care about is facing legal penalties for erroneous drug test results, an Aron Law Firm Santa Barbara criminal defense lawyer may be able to help. We can defend your criminal defense case by providing irrefutable evidence that a medication you were taking has skewed your drug test results and produced a false positive.

Could Your Medication Be the Reason You Failed a Drug Test?

You may have heard that poppy seeds, hemp seed oil, herbal supplements, and other substances may result in false positives on a urine screen or other drug test. However, it is also often the case that false positive results on drug tests are due to taking prescription medications or over-the-counter drugs.

This could quickly imply to the court that you have been using an illicit drug when you have only been using legally or commonly prescribed medications. You could fail a drug test, such as a urine drug screening, and get false positive results for taking medications such as:

• Antihistamines, Such as Benadryl: Diphenhydramine, the active ingredient in these medications, helps treat itching, allergies, and cold symptoms; but it may also trigger a false positive for opioids, opiates, or PCP on a drug test.
• Bupropion, Such as Wellbutrin: Antidepressants that use bupropion as their active ingredient could produce a false positive amphetamine or methamphetamine result. Other medications, like tricyclic antidepressants, could also result in false positive results.
• Certain Decongestants, Such as Sudafed: Many decongestants use pseudoephedrine to relieve sinus and nasal congestion, but on a drug test, it could appear as a false positive amphetamine or methamphetamine result.
• NSAIDs, Such as Motrin, Advil, Aleve, and Naprosyn: Both ibuprofen and naproxen are classified as nonsteroidal anti-inflammatory medications (NSAIDs). Often used to help treat inflammation, fever, and pain, taking an OTC NSAID before a urine drug screening could bring up a false positive for barbiturates or THC.
• OTC Cough Suppressants, Such as Robitussin and Delsym: The main ingredient in many cough syrups is dextromethorphan, which could come up as a false positive for PCP in a urine drug screen.
• Oxaprozin, Also known as Daypro: Used to treat arthritis pain, oxaprozin may result in a false positive result for benzodiazepines.
• Phentermine, Also Known as Adipex-P: FDA-approved to lower appetite, taking phentermine may flag as a false positive amphetamine in a urine drug screen.
• PPIs, Such as Pantoprazole (Protonix): Proton pump inhibitors (PPIs) may alleviate heartburn symptoms and gastroesophageal reflux disease (GERD), but, on a drug test, they may elicit a false positive result for THC.
• Promethazine: Intended to relieve nausea and vomiting, phenothiazines may produce a false positive amphetamine or methamphetamine result in a drug test.
• Quetiapine, Such as Seroquel: An atypical antipsychotic used to treat mental health conditions like schizophrenia and bipolar disorder. Taking quetiapine could trigger a false positive result for the opioid methadone in a drug test.
• Quinolone Antibiotics, Such as Levofloxacin (Levaquin) and Ofloxacin: Used to treat bacterial infections, they may cause a false positive amphetamine, opiate, or methamphetamine result in a urine drug screen.
• SNRIs, Such as Effexor XR or Pristiq: Serotonin-norepinephrine reuptake inhibitors (SNRIs), such as venlafaxine and desvenlafaxine, are antidepressants that could cause a false positive for PCP.
• SSRIs, Such as Zoloft: Using selective serotonin reuptake inhibitors (SSRIs) may result in a false positive for benzodiazepines or LSD in urine drug screens.

When you are on probation, failing urine drug screens or other drug tests could lead to severe penalties as it is a violation under California Penal Code 1203.3. You may be subject to these penalties if you are unable to prove that these were false positives due to commonly prescribed medications.

If an over-the-counter, prescribed medication, or something else does cause a false positive on your drug test, a criminal defense attorney can create a solid defense strategy for your case. We do not believe you should be subjected to unfair consequences because you are using medications for pain management, properly using HIV medication, utilizing an over-the-counter medication, or legally using any other substances.

Please contact Aron Law Firm if you would like assistance disputing the results of your false positive drug test as it pertains to a criminal charge or related case. We can help argue in your favor, demonstrating you are using necessary medications and drugs that would have skewed your results. When we support you in your criminal defense claim related to a false positive drug screen, you are less likely to face severe consequences and penalties.

Defend a False Positive on a Drug Test With a California Criminal Defense Attorney

At Aron Law Firm, we have successfully minimized the penalties associated with false positive drug test results for numerous clients. Whether your medication or another factor does cause a false positive result, you need a criminal defense lawyer on your side. Please note that our services are for individuals whose false positives pertain to criminal charges or parole violations. We are not an employment law firm and cannot help you pursue disputes with employers in the result of a false positive on any company-mandated drug test.

Partner with a California attorney who knows what it takes to defend inaccurate drug test results. We are dedicated to providing high-quality and thorough representation for individuals who have been accused of crimes. Our criminal defense attorneys have a track record of bringing success to our clients, and we can assist you as well. Contact Aron Law Firm 24 hours a day, seven days a week, by calling (805) 618-1768 or completing our contact form.

Drug laws can be tricky, and marijuana laws always seem to be changing and evolving. With the passage of a voter initiative known as The Adult Use of Marijuana Act (also known as Proposition 64), responsible cannabis use was legalized in the State of California with some limitations.

Whether you live in California or are just passing through, knowing our state’s marijuana laws could help keep you out of trouble. For those who have already been arrested for illegal cannabis use, now is the time to seek legal representation. If you have been arrested for a marijuana-related crime in California, an Aron Law Firm Santa Barbara criminal defense lawyer can provide you with the thoughtful and intelligent legal representation needed to defend your case.

What Tourists and Residents Should Know About Marijuana Legalization in California

Since going into effect, The Adult Use of Marijuana Act has allowed countless Californians to enjoy decreased controls on marijuana. Today, the possession, consumption, and growth of cannabis and its products are significantly less restricted, and those facing certain marijuana-related crimes have benefited from reduced penalties.

Who Can Legally Use Marijuana in California?

The use of marijuana may still be prohibited on the federal level, but The Adult Use of Marijuana Act has made momentous strides in legalizing cannabis for anyone over the age of 21 in California, whether for medical or recreational purposes. Because nobody under the age of 21 is protected by The Adult Use of Marijuana Act, anyone aged 20 or younger may face severe penalties for the use, sale, or possession of cannabis. They may also be required to complete drug education classes or fulfill community service hours.

Where Is Marijuana Use Allowed in California?

Marijuana use is still banned in some places in California. This includes, but is not limited to, the following:

• Schools
• Parks, including National Parks
• Sidewalks
• Daycare facilities
• Buildings open to the public
• Restaurants
• Places of employment
• Youth centers

Under The Adult Use of Marijuana Act, individuals may use cannabis in private residences or at businesses with valid licenses for on-site consumption.

The use of marijuana or having an open container of a marijuana product while driving or riding in a car is also prohibited.

Who Can Sell Marijuana in California?

After going into effect, The Adult Use of Marijuana Act permitted marijuana and its products to become eligible to be taxed by the state. However, anyone wishing to sell marijuana products must hold a valid license and abide by city, county, and state regulations.

Petition for Expungement Under The Adult Use of Marijuana Act in California

The passing of The Adult Use of Marijuana Act also means certain marijuana crimes now qualify for expungement. A California drug crime defense attorney can determine if your drug conviction is eligible. Whether your particular offense qualifies for expungement under The Adult Use of Marijuana Act will depend on the circumstances surrounding your specific situation.

If your offense is authorized to petition for expungement, your lawyer will collect the documents needed and create a petition to present your case to the court. After giving the prosecutor time to respond, your case will be reviewed by a judge. At this time, your legal representative will present your defense and fight to get your charges reduced or expunged.

Fight a Marijuana Charge in California With an Experienced Criminal Defense Lawyer

At Aron Law Firm, we dedicate ourselves to providing Californians with the assertive defense strategies they need to fight charges for marijuana-related crimes. If you were arrested for a drug crime in California, it is essential to seek qualified legal counsel as soon as possible so you can better protect your rights.

We understand the effect a single drug charge may have on your freedom, reputation, and opportunities and will exhaust all opportunities to get the result you deserve. To schedule a meeting with an Aron Law Firm criminal defense lawyer today, call (805) 618-1768 or complete our contact form.

In 1972, President Richard Nixon branded drug abuse as public enemy number one. As the United States expands its research and legislation into what the nation terms the “War on Drugs,” there have been increases in drug-related arrests and incarcerations. For example, in 2019, there were 171,000 drug-related incarcerations in the United States. Many more cases have resulted in drug-related probation sentences.

In California, incarceration is not the only punishment available for drug violations. The two main non-jail sentences are probation and conditional discharge. If you have been on drug-related probation before, violating this arrangement may trigger the court to impose a sentence. The following guide covers what you should do after a drug probation violation in California.

What Is a Drug Probation Violation?

Probation is one of the non-jail sentences issued after a drug-related violation. If you;ve been found to have committed a misdemeanor, you may fall into two basic categories: Standard misdemeanors, which punishable by up to 6 months in jail and/or a fine of up to $1,000, and

“gross” or “aggravated” misdemeanors,” which are punishable by up to 364 days in jail and/or a fine of up to $1,000 or more. If you have been found to have committed a felony, you may receive 5 years of probation. It is vital to note that these sentences may vary, especially when drug charges are coupled with other serious offenses such as sexual or child abuse.

So, what is probation? Put simply, probation occurs when offenders must regularly report to their assigned probation officers. These supervised programs ensure that community members are protected from a drug offender’s further criminal conduct. Most defendants are required to check in with their probation officer weekly, monthly, or every couple of months.

For your probation to be successful, you must always report to your probation officer as was initially stipulated. Often, defendants are prohibited from drinking, meeting with other criminal defendants, or disobeying their probation officers. For example, as a drug offender, you might be asked to take a drug test by the probation officer. Failure to follow these orders may have dire consequences.

Types of Drug Probation Violations

In California, a probation violation occurs when a defendant is convicted of a crime, given probation, and subsequently violates that probation. California Penal Code 1203.2 PC states these rules apply to the following groups:

“…(1) released on probation under the care of a probation officer pursuant to this chapter, (2) released on conditional sentence or summary probation not under the care of a probation officer, (3) placed on mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170, (4) subject to revocation of post-release community supervision pursuant to Section 3455 PC, or (5) subject to revocation of parole supervision pursuant to Section 3000.08…”

Drug probation violations occur when you fail to follow the basic rules that have been stipulated by the court of law. If you perform a probation violation, the court may issue a new sentence for the new offense. The following are the major drug probation violations:

• Failing to appear in court: When under probation, you are expected to make regular court appearances so that your progress can be reviewed. A violation may occur if you fail to meet these obligations.
• Failing a drug test: As can be expected, you cannot fail a drug test when under drug probation. These tests are usually random and commonplace during the probation period.
• Engaging in criminal activity: When under probation, you should not commit any crime. This scenario may occur with or without your knowledge and may lead to sentence suspicion.
• Ignoring your probation officer: As earlier stated, your probation officer is tasked with supervising your progress when under probation. The main duties of these officers entail making rehab recommendations, undertaking drug tests, and locating offenders.
• Leaving the state without permission: While on probation, you cannot leave the state without permission from the probation officer. Not following this rule is considered a probation violation.
• Not paying for victim restitution: Sometimes, a court may ask you to perform restitution when you have been found guilty of a drug-related felony. Failure to perform this action is a drug probation violation.
• Holding a firearm: Finally, you are prohibited from holding a firearm when under probation that was issued after a drug-related felony. You may also receive firearm restrictions when you perform misdemeanor crimes, and going against this rule can have dire consequences.

Violating your drug probation can have serious consequences, and a criminal defense lawyer may be necessary to help resolve your violations.

The Process After a Violation of Your Drug Probation

When you violate your probation terms and conditions, the court may initiate the revocation process. Revocations are accompanied by trials or small hearings. During the hearings, probationers can be present, call witnesses to the stand, and work with attorneys. When the court hears a probationer’s violation case, it then determines whether to impose further penalties or revoke the probation altogether.

If you have violated drug probation, the odds are often stacked against you. The prosecutor handling your case only shows that you were more likely than not to violate your probation. They do not have to prove beyond reasonable doubt that you did it. Besides, no jurors are needed during such hearings, putting you at a further disadvantage.

Probationers who have been found guilty of drug probation violations can receive sentences. For example, the court may revert to the initial sentencing that it replaced with probation, ask you to pay a fine, or serve jail time. Other sentences are extended probations or the imposition of new probation terms. The best thing is to contact your criminal lawyer first to take you through the court hearing process regardless of the sentencing.

Contact a California Probation Attorney for Help With Your Probation Violation

When faced with a drug probation case, your best move is to contact your criminal defense lawyer to avoid severe punishment. The length of any potential probation depends on the seriousness of your offense. The major problem with drug probation violations is that they may lead to revocations in courts of law. You should speak to a qualified criminal lawyer to represent you during the hearing process.

At Aron Law Firm, we pride ourselves on being skilled and renowned criminal defense attorneys in California. We have a client-centered approach to our work, and we take time to understand each client’s needs. You can fill out our contact form or call us at (805) 618-1768 for further assistance.