Possibly yes. You will want to have an attorney that is familiar with no alcohol related DUI cases.

Answer Applies to: California
Replied: 12/14/2011

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The answer depends largely on whether anyone was hurt. If so, you may face jail time.

Answer Applies to: California
Replied: 12/14/2011

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You could be charged with a felony & could receive time in custody. Normally we are able to negotiate a plea agreement where there is no custodial time.

Answer Applies to: California
Replied: 12/14/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

The expected pinilities for a first time DUI include the following; 3-to-5 Years Informal Probation 48-hours and up to 6 months jail time may be imposed Minimum $390.00 fine to maximum of $1000.00Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00. Attendance at First Offender Program (FOP) Required Impound Vehicle up to 30-days if owned by defendant Ignition Interlock Device (IID) for up to 3-years DUI enhancements: There was a traffic collision, whether or not it caused injury or death; Even with the enhancements there is a chance that you will not have to spend more time in jail than you did on the night you were arrested. There is flexibility in the pinilities and the sentence will depend on your attorney and the facts.

Answer Applies to: California
Replied: 12/14/2011

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Potentially yes. How many victims? Were there injuries? The amount of time depends on many circumstances.

Answer Applies to: California
Replied: 12/14/2011

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Yes jail time is a possibility. Accidents and DUI's equal enhancements to sentences. You need an attorney to minimize consequences.

Answer Applies to: California
Replied: 12/14/2011

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The short answer is yes, you could face jail, but then, so does anyone facing criminal charges. What you want to know is are you going to be sentenced to jail. That answer requires much more information (see some of my previous answers on this and related topics). One important fact missing here is whether anyone was hurt, and what was the nature of the accident. I will say, however, that driving while under the influence of drugs alone is a very interesting issue. I have written and been interviewed by the media on this subject recently. We are seeing many more cases such as you describe where the person has taken medication - especially "sleeping pills" - at home, no alcohol, only to wake up in the police station or jail with no intention to drive, no recollection of having driven or having been involved in an accident. It's being called "sleep driving." It is a particularly troubling side effect of some medications, and is a special kind of DUI. You should talk to a good criminal defense attorney to discuss your case. You may have some very good defenses. I wish you well.

Answer Applies to: California
Replied: 12/13/2011

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Depends. Was the accident your fault? If not, no problem. Does the label say that it causes drowsiness, etc? It will be hard for the prosecution to prove that you were under the influence unless you admitted that you were.

Answer Applies to: California
Replied: 12/13/2011

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Although your question does not contain enough facts, the short answer is that 'Yes' if you are convicted (or plead guilty) you will likely face some jail time. Whether your case can be put to trial enough to take to a jury depends on the facts and the physical/scientific evidence. Was there a blood test taken to determine the Xanax level?

Answer Applies to: California
Replied: 12/13/2011

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Depends how serious the injury is. If you have insurance that would be good. If uninsured there is a very good chance of jail time.

Answer Applies to: California
Replied: 12/13/2011

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Potentially. Have you been cited for anything?

Answer Applies to: California
Replied: 12/13/2011

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It is very possible. Driving under the influence of prescription drugs counts as driving under the influence under the California Vehicle code. Depending on whether anyone was hurt and the county where this incident happened, you could face incarceration. If someone other than yourself was significantly hurt, you could be facing felony DUI charges.

Answer Applies to: California
Replied: 12/13/2011

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You need to speak to an attorney ASAP. Jail? You could face prison depending on how serious the injuries are. In some counties mere fact of injury could result in a state prison disposition.

Answer Applies to: California
Replied: 12/13/2011

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Yes. A Driving Under the Influence charge coupled with an accident can be charged as a felony is someone is hurt. A felony is punishable up to more than 365 days in State Prison. However, if your attorney can show that the District Attorney cannot prove that the consumption of Xanax was the catalyst for the accident, your criminal record could be preserved and you could get out of doing any jail time.

Answer Applies to: California
Replied: 12/13/2011

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Not if no one knows about it. Are you being charged with a DUI as well?

Answer Applies to: California
Replied: 12/13/2011

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.