John Stamos was charged with DUI in Beverly Hills which is a Misdemeanor. The charge was for driving under the influence of drugs, not alcohol back on June 12, 2015. According to California law, he could face up to six months in jail. He was pulled over after several people placed calls to the police for driving complains. He was alone when he was pulled over and taken to the hospital. He checked himself into treatment for substance abuse. Stamos indicated that he was having a hard time after dealing with the death of his mother. His first appearance was scheduled for October 16, 2015. Because it is a misdemeanor charge, his attorney is able to appear on Stamos’ behalf. In Minnesota, 90 days is the maximum jail time allowed for a misdemeanor charge.
In Minnesota, the DUI laws just changed in August 2015. There are four levels of DUI in Minnesota. Fourth, third, second, and first degree (felony DUI). DUI’s are an enhanceable offense. This means that a prior DUI will be used as an aggravating factor if you get another DUI in the future. There are other ways to get an enhancement such as if the alcohol is .16 or more or if there are children in the vehicle. Before August 2015, whether a charge is enhanceable depending on whether the test result was .20 or more. The new laws changed the .20 number to a .16, meaning that it is now possible to get a gross misdemeanor charge if the driver tests .16 or hire on a first DUI offense.
Stamos will need a highly experienced DUI lawyer to represent him. The type of drug that was found in his system was not publicly released. However, in some cases it is possible to claim a prescription drug defense. Minnesota Statute 169A.46, Minnesota, Subd. 2 allows for an affirmative defense of a prescription drug case for DUI’s. The driver would need to prove that the pills were taken in accordance to the doctor’s advice. The burden is on the defendant to show that the drugs were used properly. See Minnesota statute 169A.20 Subd. 1 for a list of schedule I and II controlled substances that may be used with a prescription drug defense.
Max Keller handles many alcohol related offenses in Minnesota. He is a criminal DUI lawyer in Minnesota. Keller Law Offices offers free consultations for their clients. He has 17 years of experience as a criminal lawyer in Minnesota. Call 952-913-1421 to talk with a criminal DUI lawyer. Keller Law Offices has two criminal DUI lawyers licensed in Minnesota. Max Keller also prosecuted DUI’s with the attorney general’s office for five years. Visit www.kellerlawoffices.com for more information. Keller Law offices offers payment plans in some cases. The DUI attorneys at Keller Law Offices will explore all defenses and defend you in court and to the prosecutor. Do not wait until you have court to begin looking for a DUI lawyer. Make an appointment to meet with a DUI lawyer as soon as you have been arrested. Remember, if you get pulled over for a DUI, do not make any incriminating statements to the police and call a DUI lawyer immediately.
