Can I be charged with additional crimes if evidence of drugs is found in my blood test? 11 Answers as of September 05, 2011

I was arrested for Drunk in Public in CA and later blood tested at the jail because I could not perform the breathalyzer. Can I then later be charged with another crime if THC is found? This is my first offense of any kind and I am 22.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes. One can be charged by the DA of crimes for which you were not arrested depending on there further investigation such as here where additional drugs could be found in your system.
Answer Applies to: California
Replied: 9/5/2011
The Law Offices of Christopher J. McCann
The Law Offices of Christopher J. McCann | Christopher J. McCann
It's possible but unlikely, because they just want a blood alcohol level. I would be surprised if they tested for drugs as well unless there is more to this than you state. More importantly, even if they find THC in your system, there is no crime they could charge you with. Sounds crazy but it's true. Under the Influence (Health & Safety Code section 11550(a)) doesn't apply to this situation.
Answer Applies to: California
Replied: 2/17/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
No.
Answer Applies to: California
Replied: 2/16/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Yes, it is possible. But, assuming you have no prior drug offenses, you may be eligible for a program the completion of which may result in a dismissal of the case. Contact a defense attorney for further consultations.
Answer Applies to: California
Replied: 2/14/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
From the time you were cited to when the D.A. files the case the charges can change. anything that can be supported by the evidence.
Answer Applies to: California
Replied: 2/14/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes. Any time prior to conviction. If you are charged, consider hiring an attorney. The attorney will have to make any motions to dismiss or suppress evidence that may be appropriate, and defend the charges in court hearings and at trial, based upon all the arguments, documents, facts, evidence, witnesses, etc. Unless you know how to effectively represent yourself in court, hire an attorney who does. If this is in SoCAL, and youre serious about hiring counsel, feel free to contact me.
    Answer Applies to: California
    Replied: 2/14/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Generally not.
    Answer Applies to: California
    Replied: 2/14/2011
    The Law Offices of Robert L. Driessen
    The Law Offices of Robert L. Driessen | Robert L. Driessen
    If it is just THC and you were not driving than no you will not be charged with an additional crime. However if it was meth or another controlled substance than yes you could be charged with an 11550.
    Answer Applies to: California
    Replied: 2/14/2011
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