Fact is, they can not do this unless they are DRE. If they are not a DRE and do not take the steps to determine intoxication by drugs, then they do not have the right to ask for a urine test after a breath test. That means that if you took a urine test by a non-DRE police officer, I have been successful in getting the positive urine test suppressed because the police did not properly do their job.
DUI URINE TESTS: UNDERSTANDING THE LAW AND WHEN IT’S LEGAL
One great example of how I can get evidence excluded is a recent case where the accused was charged with 5 counts of DUI Manslaughter and the charge could not stand because the validity of the drug and alcohol tests were called into question. Therefore, the prosecution could only charge the person with a "simple" DUI, saving this person many decades in prison from this overzealous prosecution. Being accused of Driving Under the Influence of Marijuana is often a common arrest scenario. My office has successfully fought these types of cases, because the officer often does not do their job correctly when investigating these cases.
In almost every DUI, whether it be alcohol, pills, marijuana, etc. So while this is an indicator of marijuana, I have argued that how can it be an indicator in every case that each DUI officer investigates, which would be impossible and thus diminishing the credibility of that officer.
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The important thing about marijuana is that even if you did not smoke or ingest marijuana or hashish, the drug stays in your system long past the time the effects of the drug wear off. In other words, the state needs more than just proving you had marijuana in your system but they had to prove you were under the influence at the moment they stopped you. This same rule applies to cocaine use in that cocaine metabolites only stay in the system for days.
Therefore, a false positive often occurs after a urine test showing positive cocaine results which again my office will aggressively fight for you. One myth involving DUI with prescription pills is often people think that if you have a prescription, then it is legal to drive. It is only legal to drive if the prescription does not affect your normal faculties and ability to drive is not impaired.
Challenging DUI Testing Procedures
So, for example, even if you are fortunate enough to have a Vicadin, Xanax, Oxycontin pill bottle present, it is not enough to let you go free and in fact may add to the probable cause. That said, the police normally would still have the requirement of having a DRE do the investigation not just a regular DUI investigating officer. Pills, whether prescribed to you or not, are subject to scientific properties that require that any DUI involving pills be investigated by a qualified DRE.
The effects of pills vary and the metabolites the properties in the drug which estimate the time in your system will vary from drug to drug.
Being stopped by the police while driving
State law prohibits anyone from driving a motor vehicle under the influence of alcohol or drugs. The state Appellate Court has interpreted this law as it applies to driving under the influence of alcohol. Gordon , 84 Conn.
Arrests made for driving under the influence, either of alcohol or drugs, are similar in most respects. In arresting someone for DUI, an officer typically pulls over a motorist who is driving erratically, straddling lane lines, or otherwise exhibiting signs of impaired driving. The officer talks to the driver, observes and assesses his or her behavior, and may administer a field sobriety test.
The officer may then arrest the driver and ask him or her to take a breath, blood, or urine test. Typically, the officer requests a breath test to determine if the driver ' s blood alcohol content BAC is elevated. The officer must advise the driver that he or she may refuse to take the test and that a prosecutor may use evidence of the refusal in the criminal case against the driver.
Blood, Breath, or Urine Test
Under state law, drivers over age 21 have an elevated BAC if it is found to be. Drivers operating a commercial motor vehicle e. By law, the officer must revoke, for 24 hours, the license of a driver who refuses to take a chemical test or whose test results indicate an elevated BAC.
The officer must submit a report to DMV that includes any test results and the grounds the officer had for making the arrest. Because of this, and because there is no statutory minimum threshold for drugs, DMV does not suspend the license of a driver charged with driving under the influence of drugs. While there is no administrative suspension of a driver charged with driving under the influence of drugs, the driver would have his or her license suspended if he or she was convicted of that offense in the same way as would someone convicted of driving under the influence of alcohol.
We answer your questions individually below.
Metabolite DUI: Driving with a Measurable Controlled Substance - FindLaw
Under what conditions would a police officer order a urine test following a stop for suspected DUI? How often is a urine test requested in DUI stops?
What is the time period in which a BAC test or urine sample can be obtained following an arrest? The officer must administer two chemical tests, the first within two hours of the vehicle ' s operation, and the second, which usually is of the same type as the first, at least 10 minutes after the first test.
Can a DUI suspect be forced to give a urine sample? What is the penalty besides the possible administrative suspension by DMV for refusing to provide one? A driver charged with DUI cannot be forced to give a urine sample.