Should I plead to a Metabolite DUI?
I was discussing a case with a prosecutor today. He made the offer that my client plead to Driving with a Measurable Amount of a Controlled Substance in his system. This is basically the same thing as a DUI, except the prosecution does not have to prove any impairment or level whatsoever. The only thing they have to show is that the person had a small amount of the byproduct of a drug in their system. The only defense to this charge is that the person has a valid prescription for the controlled substance. Should the person plead to this charge? My answer is if there is another way around it, don't plea to. I suggested a Drug Related Reckless charge. The prosecutor asked why? Here are my four reasons?
- A metabolite charge will suspend your license for 90 days, or 1 year if it is a second offense.
- A Drug Related Reckless driving charge will save the license (if you kept it at the DMV hearing), or will reduce the license suspension to 60 days if it is a first offense.
- Usually, the Courts will give a lessor fine for a DRR.
- Usually, the DRR will not involve jail time or as much community service hours.
