Can You Refuse A Drug Test In A Drug DUI Case?
You can refuse to take a drug test. If you do refuse, the officers can get a warrant. They will get the blood anyway and you’ll have a refusal on your license, so you’ll be revoked for one to three years, depending on your prior driving history.
Should You Ever Admit To Taking Prescription Medication In Front Of Law Enforcement?
I do not recommend that people explain what their medications are unless they are in a severe medical situation, like overdosing. I would never answer those questions. A lot of people think that just because their doctor has prescribed that medication, they can’t get in trouble. This is not true. The statutes are written to say that if you’re under the influence of any drug or alcohol that renders you incapable of safely operating your vehicle, you are driving under the influence. Admitting that you’ve recently taken medication could give the officer the required information he needs to pull you out of your car to do a DUI investigation or field sobriety tests. I never recommend answering.
Are DUI Drug Cases Harder Or Easier To Defend Than DUI Alcohol Cases?
Blood drug test cases are easier to defend. There is more scientific evidence that the state is going to be using. It has to be reliable and the reliability comes from a proper blood draw, all the way to the labeling of the test kit, the chain of custody, the analyst at the lab, and the machines that are analyzing the substance. The state has to go through that whole process to convict someone whereas in an alcohol case, they don’t have to demonstrate that much. There are a lot more errors that can be made in a blood test case.
Can Someone Be Charged With Drug DUI If Drugs Are Discovered In Their Vehicle?
Someone can be arrested for drug related DUI if drugs are discovered in their vehicle. Once someone is arrested, the police have the authority to do an inventory search of the vehicle. If they find other controlled substances or anything that is illegal, there can also be additional charges filed. If you have more than an ounce of marijuana or other controlled substances that you don’t have a prescription for, they could bring drug charges against you.
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