How Does Law Enforcement Test for Drugged Driving?
When you are arrested for drugged driving, the arresting officer will likely ask you to take a chemical test. This test can be a blood test or a urine test. The purpose of the test is to determine what drugs, if any, are in your system. The test will be sent to a lab to be analyzed, and the results will be used as evidence against you in court.
Some of the most common drugs that are tested for in a drugged driving case include:
- Cannabis
- Cocaine
- Heroin
- Methamphetamines
- Prescription drugs
- Over-the-counter medications
- Inhalants
While blood and urine tests are the most common types of chemical tests used in drugged driving cases, they are not the only types of tests that can be used. Some police departments are now using saliva tests to test for drugs in a drugged driving case. These tests are faster and less invasive than blood and urine tests, but they are also not as accurate.
How Long Do Drugs Stay in Your System for a Blood Test?
There is no one-size-fits-all answer to this question. How long drugs stay in your system depends on a variety of factors, including the type of drug that was used, the dosage that was taken, and the frequency of use. Some drugs can be detected in a blood test for as little as a few hours, while others can be detected for days or even weeks.
It is important to note that drugs can stay in your system for a longer period of time if you are a chronic user. For example, if you are a chronic user of marijuana, it can be detected in your system for up to 30 days after you last used it. If you are a one-time user, it can typically be detected in your system for up to 7 days.
Some of the factors that can affect how long drugs stay in your system include:
- Your metabolism
- Your body fat percentage
- How often you use the drug
- How much of the drug you use
- The way the drug is administered
- The type of drug that was used
Penalties for Drugged Driving in California
In California, the penalties for drugged driving can be severe. If you are convicted of drugged driving, you will face criminal penalties, such as fines, probation, and even jail time. You will also face additional penalties, such as the suspension of your driver's license and the requirement to complete a drug and alcohol education program.
Even if this is your first drugged driving offense, you will be required to install an ignition interlock device in your vehicle. This is a device that requires you to provide a breath sample before you can start your vehicle. If the device detects any alcohol in your system, your vehicle will not start. You will be required to pay for the installation and maintenance of the device, which can be expensive.
If you are convicted of drugged driving, it will go on your criminal record. This means that anyone who runs a background check on you can see that you were convicted of drugged driving. This can make it difficult to find a job or a place to live.
If you are convicted of multiple drugged driving offenses, the penalties can be even more severe. You could be required to serve time in state prison and pay thousands of dollars in fines. You could also have your driver's license suspended for up to 10 years, and you could be required to have an ignition interlock device installed in your vehicle for up to 3 years.
Defenses to Drugged Driving
Just because you were arrested for drugged driving does not mean that you will be convicted. There are several defenses that you can use to fight the charges you are facing. One of the most common defenses is that the arresting officer did not have probable cause to stop you in the first place. In order for the officer to stop you, they must have reasonable suspicion that you are engaged in illegal activity. If the officer did not have reasonable suspicion, any evidence that was obtained as a result of the stop can be suppressed and cannot be used against you in court.
Another common defense is that the arresting officer did not have probable cause to arrest you. In order for the officer to arrest you, they must have probable cause to believe that you are under the influence of drugs. If the officer did not have probable cause, any evidence that was obtained as a result of the arrest can be suppressed and cannot be used against you in court.
Some of the other defenses that can be used to fight a drugged driving charge include:
- The arresting officer did not properly administer the field sobriety tests
- The arresting officer did not properly administer the chemical test
- The arresting officer did not have the proper training to administer the field sobriety tests or the chemical test
- The arresting officer did not read you your Miranda rights
- The blood or urine sample was not properly stored, which could have contaminated the sample
- The blood or urine sample was not properly tested, which could have resulted in an inaccurate result
- The blood or urine sample was not properly labeled, which could have resulted in a mix-up
How Long Does a Drugged Driving Case Take?
There is no one-size-fits-all answer to this question. How long a drugged driving case takes depends on a variety of factors, including the complexity of the case, the evidence that is being used against you, and the court's schedule. Some drugged driving cases can be resolved in a matter of weeks or months, while others can take several months or even years.
It is important to note that just because a drugged driving case takes a long time does not mean that it is more likely to result in a conviction. In fact, the longer a drugged driving case takes, the more likely it is to result in a favorable outcome. This is because as time goes on, evidence can be lost or destroyed, and witnesses can forget important details. This can make it more difficult for the prosecution to prove their case beyond a reasonable doubt.
How to Avoid Drugged Driving
One of the best ways to avoid being arrested for drugged driving is to avoid driving under the influence of drugs. If you are taking a medication that can cause drowsiness or impair your ability to drive, you should not get behind the wheel of a vehicle. Instead, you should ask someone else to drive you or take a taxi or a rideshare service. If you are at a party and you are offered drugs, you should say no. If you are at a party and you see someone who is under the influence of drugs, you should take their keys and ask someone else to drive them home.
Why Hire a Drugged Driving Defense Attorney?
If you are arrested for drugged driving, you have the right to represent yourself. However, this is not a good idea. Drugged driving cases can be complex, and the prosecution will do everything in their power to convict you. When you hire a drugged driving defense attorney, they will fight for you every step of the way. They will review the evidence that is being used against you, interview any witnesses, and develop a defense strategy that is designed to get the charges against you reduced or dismissed. If your case goes to trial, they will represent you in court and fight to protect your rights.
At Law Office of John Klopfenstein, our drugged driving defense attorney in Fresno County is committed to helping you fight the charges you are facing. We understand that you are innocent until proven guilty, and we will do everything in our power to prove your innocence. We will aggressively represent you in court and fight to protect your rights.
How Our Drugged Driving Defense Attorney Can Help You
If you are facing drugged driving charges, you need an attorney on your side. At Law Office of John Klopfenstein, our drugged driving defense attorney in Fresno is committed to helping you understand the charges you are facing and your legal options. We will review the evidence that is being used against you, interview any witnesses, and develop a defense strategy that is designed to get the charges against you reduced or dismissed. If your case goes to trial, we will aggressively represent you in court and fight to protect your rights.
To schedule an initial consultation with our drugged driving defense attorney in Fresno County, call us at (831) 610-5921 or contact us online today.
Defenses Against Drugged Driving
If you are facing drugged driving charges, don’t panic. Remember, an arrest is not the same thing as a conviction. Our team can employ several defenses to help you fight these allegations.
One of the most common defenses against any DUI charge is that the arresting officer did not have probable cause to stop your car. For an officer to stop you, they must have reasonable suspicion that you are engaged in illegal activity. Without that suspicion, any evidence that was obtained during a stop could be suppressed, meaning it cannot be used in court.
Another common defense claims the arresting officer did not have probable cause to arrest you. It is much harder to prove that someone is high than it is to prove they are drunk. Essentially, officers are allowed to use their judgment to determine whether someone is on drugs, and they make arrests based on those instincts.
Perhaps you were sick at the time of the arrest, and you appeared a little dazed. Maybe you simply have an eccentric personality, and the officers assumed you were high. Whatever the situation, we can help reveal the facts in your case.
Other defenses we can use in a drugged driving charge include:
- The arresting officer did not read you your Miranda rights.
- The arresting officer did not properly administer the chemical test.
- The arresting officer did not properly administer the field sobriety tests.
- The test sample was not properly labeled, which could have resulted in a mix-up.
- The test sample was not properly stored, which could have contaminated the sample.
- The arresting officer did not have the proper training to administer the field sobriety tests or the chemical test.
To schedule aninitial consultation with our drugged driving defense attorney in Salinas, contact us online today.
