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Consequences of being caught with drug paraphernalia in California


The term Paraphernalia is commonly referred to as a collection of equipment, apparatus, or furnishing used for a specific activity. For instance, an eager sports fan may cover the walls of his room with football, basketball or cricket paraphernalia.

Drug paraphernalia refers to any equipment, apparatus, accessory, product or material that is modified to make, use, or cover drugs, usually for recreational purposes. Drugs such as cocaine, heroin, marijuana, and methamphetamine, commonly known as meth, are linked to a number of paraphernalia.

There are two categories of paraphernalia:

  • User-specific products
  • Dealer-specific products

User-specific paraphernalia include items such as glass pipes, crack cocaine pipes, smoking masks, bongs, syringes, hypodermic needles, spoons, tourniquets, and roach clips to grasp the burning end of a marijuana joint. Dealer-specific paraphernalia are used by drug sellers or transporters to prepare drugs for selling. Such items include digital scales, vials, and small zipper storage bags that can be used to sell crack, heroin, or marijuana.

According to California Health & Safety Code 11364 HS, to possess drug paraphernalia is illegal. Those who are found in possession of drugs as well as paraphernalia are mostly accused. The possession of both makes it easier for prosecutors to prove that the equipment was used to consume the drugs.

The health and safety code, 11364 HS, could be applied to a number of different devices. The most common paraphernalia include pipes, syringes or hypodermic needles, and cocaine spoons. Depending upon the circumstances of the individual, even common household items can result in a charge with HS 11364 violation. But one major exception to California’s law against drug paraphernalia possession is that until 2021, it is legal to possess hypodermic needles or syringes if:

  1. They are solely meant for personal use, and
  2. They have been acquired from a doctor, pharmacist or any other source authorized by law to provide sterile syringes and needles without a prescription

Individuals who get accused of possessing drug paraphernalia have a transgression on their criminal record. A drug conviction on an individual’s record can lead to difficulties when:

  • Finding a job with a conviction on their record
  • Taking an apartment on rent
  • Holding a professional license
  • Getting approved for an immigration visa or green card if the accused is not a U.S. citizen

The defendants go through a maximum penalty of six months in lockup with a fine of $1,000. Some of the accused individuals can also be given an opportunity to take a drug diversion program. The judges dismiss the charges if the individual successfully completes the diversion program and avoids probation violation. But if the individual fails to complete the diversion program, he/she may have to serve time in jail for their offense. The court can also place the accused on probation with time in jail or probation with no time in jail and community work.

People who hold professional licenses, such as lawyers, teachers, and contractors, face additional consequences of a 11364 HS conviction. The accusation of drug paraphernalia can lead to suspension of their professional license.

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In California, defendants who are facing their third charge for driving under the influence will encounter few chances and harsh penalties. A third offense DUI defendant is seen as especially dangerous by the courts and the resulting penalties are severe and have serious long-term consequences. If you have been charged with your third DUI offense in California, a qualified DUI criminal defense attorney can help defend your rights in court.

Excessive Blood Alcohol Concentration

DUI offenses in California are always misdemeanors unless one of the following is true, making it a felony.

  • If the defendant caused an accident during which someone other than themselves was injured;
  • If the defendant is charged with a fourth DUI in the next 10 years (known as the “lookback period”); or
  • If any of the defendant’s prior DUI charges are a felony, the third DUI will automatically be charged as a felony as well.
Penalties for a 3rd DUI

Third offense DUI defendants in California will face both administrative and criminal penalties. Your driver’s license will be suspended for up to three years; however, if applicable, after one year you may be eligible for a restricted license to use in limited circumstances, such as driving to work.

The criminal penalties for a third DUI offense are severe. A defendant will face a minimum of 120 days in jail, with a possible maximum sentence of one year. Jail alternatives may be available: a DUI criminal defense lawyer may be able to negotiate for a shorter time in jail in exchange for a portion of your sentence served as community service, drug and alcohol rehab or house arrest. You will also incur a minimum fine of $390; the fine may be increased to as much as $1000. You will also serve a minimum probationary period of three years with a possible maximum of five years. The judge will also order you to complete an 18-month DUI course.

The standard criminal penalties can also be increased if there are certain factors present in your DUI case. These factors are known as “enhancements” and include:

  • The DUI caused an accident
  • Hit-and-run
  • There was a minor in the car at the time
  • The defendant was driving on a suspended license
  • The defendant refused to a chemical test
  • Alcohol content was 0.15 or higher
  • The defendant was also speeding

Any one of these factors can result in an additional charge and even harsher penalties.

What to do if you have been charged with your 3rd DUI offense in California

If you have been charged with your 3rd DUI offense in California, the severe administrative and criminal penalties associated with your crime make hiring an attorney extremely important. Contact a qualified DUI criminal defense lawyer as soon as possible to ensure that you receive the best legal defense.

Free Case Evaluation

Those in Southern California can call the Law Offices of Randy Collins to obtain a free case evaluation. Call (888) 250-2865 today to speak with an experienced DUI attorney and get the answers you’re looking for.

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