When someone is pulled over on suspicion of a drug-related DUI, the police will start off by asking questions that might elicit a confession to having taken prescription or illegal drugs. Many officers will think that an individual is under the influence of alcohol as opposed to drugs, and will therefore conduct field sobriety tests or ask the suspect to submit to a preliminary alcohol screening device. Once it is determined that the individual is not under the influence of alcohol, the officers will change their tactics. For example, they will check the suspect’s pupils for dilation or any other signs that might indicate impairment by drugs, and potentially have a drug recognition expert (DRE) called out to the scene to perform certain tests. In some cases, an officer will bring the suspect to the police station to have a DRE perform tests.
How And When Do Law Enforcement Test For The Presence Of Drugs In Someone’s System?
Law enforcement officers can have DREs perform a variety of tests designed to detect impairment by drugs.
What Kind Of Training Do DREs Undergo?
DREs undergo specialized training through the police department that aims to help them determine whether or not someone is under the influence of drugs.
What Are The Consequences Of Refusing To Take A Drug Test In A DUI Arrest?
Refusal to consent to a blood test during a DUI arrest will result in the loss of driving privileges for one year. Some people have the misconception that as long as they consent to tests that screen for alcohol, they will not suffer any consequences for refusing to consent to tests that screen for drugs. However, a condition of having the privilege to drive in California is agreeing to take a blood test that screens for drugs if an officer suspects that a person is driving under the influence of drugs.
In addition to losing one’s license, refusal to submit to a blood test will likely result in a presumption of guilt by the officer or court. There is simply no other way to hold people accountable when they drive under the influence of drugs. Although the police have the ability to obtain a warrant for a sample of someone’s blood, doing so can take a long time. However, if there has been an accident and someone is suspected of driving under the influence of a substance that could affect their ability to drive safely, then the police can force a blood test on that person. The police have a lot of power under these circumstances because lives are endangered when accidents occur.
For more information on Drug DUI Stop In Los Angeles County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0940 today.