Can I get a DUI if I passed the breath test, but they found drugs in my system? 53 Answers as of March 29, 2012
I need to know if you are pulled over and charged with a DUI however I passed all the sobriety tests and breathalyzer tests but they got a search warrant for my blood and my blood they found methamphetamine and they are trying to find me guilty for that. Is that possible even if it stays in your system for up to seventy two hours or can they prove I was under the influence at the time of the stop ?Free Case Evaluation by a Local Lawyer!
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Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
Only if a person is ultimately convicted or if they plead guilty will they be sentenced. Drug convictions stay on a person's record for a very long time. Spending money or requesting a court-appointed attorney is a good investment given the potential costs for a conviction. Simply because a person is charged does that mean that ultimately, the prosecutor will prove the allegations beyond a reasonable doubt.
Answer Applies to: Michigan
Replied: 10/24/2011
Craig W. Elhart, P.C. | Craig Elhart
The law provides that it is a crime to drive a vehicle with any amount of a controlled substance in your system. You should seek the help of an attorney in this matter.
Answer Applies to: Michigan
Replied: 10/4/2011
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
Drugs may remain in your system for up to 72 hours and could be detected on a blood test. You should contact an attorney who is experienced in representing persons charged with DUI to represent you in regard to these charges.
Answer Applies to: District of Columbia
Replied: 10/4/2011
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes you can be charged. They will need an expert to say that the amount in your system at the time of driving was sufficient for you to be under the influence and your attorney will need to find one who can testify that is wasn't.
Answer Applies to: California
Replied: 10/4/2011
Thomas J. Tomko Attorney At law | Thomas J. Tomko
Thank you for your inquiry Operating a vehicle while under the influence of a controlled substance is similar to an OWI involving alcohol. The blood test in your case establishes the presence of the controlled substance. This alone can give rise to certain charges. Also, when you indicated that you passed all sobriety tests, there seems to be something missing. There had to be probable cause for the officers to request and be ranted a warrant to draw blood. Therefore, I believe that you should have your case reviewed by an attorney to discuss the details of your case and to determine what needs to be done to develop a defense. If you are in need of an attorney, you may contact this office to arrange ana appointment. I hope that this was helpful.
Answer Applies to: Michigan
Replied: 10/4/2011
Law Office of Richard Southard | Richard C Southard
VTL section 1192.4 specifically prohibits driving while impaired by drugs. It's certainly possible a prosecutor can prove you were under the influence at the time, especially with a positive drug test. You should retain the help of a lawyer experienced in handling 1192.4 cases.
Answer Applies to: New York
Replied: 10/4/2011
Law Office of Richard Williams | Richard Williams
A conviction on a DUI can be based on either consuption of alcohol or ingestion or consumption of conroled substances, or any substance that may impair you. The penalty is the same for each offense. There may be a defense for the level of the meth in your system, but it requires some heavy legal work to subpoena the hospital records and experts to testify as to your leel of drugs and wheter that shuld affect you or not. Most DUI cases are made bbased on the officer's opinion that you wre impaired to the point that you were unable to safely operate a motor vehicle. Medical test and/or DUI test are not always used in Court or admitted
Answer Applies to: Alabama
Replied: 10/3/2011
Timothy J. Thill P.C. | Timothy J. Thill
Obviously, you got a DUi under the circumstances you stated, however, the question is whether it will stand up in court. I would say that it probably will stand up in court, as the arresting officer must have formed his expert opinion that you were under the influence. Police have more important things to do than arrest people they do not believe were under the influence. Perhaps you felt you passed the sobriety tests, but the fact you were impaired made you seem to be in better control than you actually were. It is a violation of the law to be under the influence of alcohol and/or drugs, and that is what you were arrested for. Geta good attorney to defend you and formulate the best possible resolution of this matter, be it through motions filed, plea bargaining or trial, he will advise you of the consequences of these options.
Answer Applies to: Illinois
Replied: 9/30/2011
Peter Duarte, Attorney at Law | Peter Duarte
you can be charged and found guilty of a dui, if you are under the influence of a drug and the drug impaired your driving. The jury will look at your driving pattern, field sobriety test, and the concentration of the drug evidence found in your blood.
Answer Applies to: California
Replied: 9/29/2011
Bensmochan & Poghosyan, LLP | Ruzanna Poghosyan
To prevail on DUI of drugs, the prosecution has to prove that you were "impaired" at the time of driving. Unlike DUI of alcohol, there is no such think as acceptable or measurable amount of BAC. Also, if you are charged with DUI of drugs, your passing of FST (filed sobriety test) or breathalyzer s irrelevant.
Answer Applies to: California
Replied: 9/29/2011
The Law Firm of David Jolly | David Jolly
You can certainly be arrested, charged and even convicted for a drug related DUI. However, because there is no "per se" component to drug DUI cases like there is in alcohol DUI cases (where a 0.08 or above means you're guilty), the State/City must prove you're impaired by the drug. This is more difficult. To prove impairment the prosecutor must show that your driving was indicative of a DUI driver, you did not perform well on field sobriety tests, and even that a drug recognition expect found that you were affected by the drug(s) in your system. In drug DUI cases you have a greater chance of prevailing by you must hire an attorney who knows what they are doing.
Answer Applies to: Washington
Replied: 9/29/2011
Freeborn Law Offices, P.S. | Steve Freeborn
Absolutely. The DUI statute reads . "driving under the influence of alcohol and/or drugs" In addition, the .08 breath test is also only one prong of the statute. ".o8 or above, or their driving is affected to an appreciable degree". The statute allows for a breath test, especially id the arresting officer believes that you may be under the influence of some kind of drug (which apparently was the case). A blood test revealed that you had meth in your system. You are screwed unless you can get the blood test suppressed as evidence (highly unlikely). I suggest that you retain the services of an attorney to work with you.
Answer Applies to: Washington
Replied: 9/29/2011
Law Firm of Nicholas George | Nicholas George
Yes, you can still be charged with a dui. The DUI statute addresses both intoxicating liquor and drug. Your driving and other behaviours at and before as well as after the time of the police stop can be used to show that you were appreciably affected by alcohol or drugs.
Answer Applies to: Washington
Replied: 9/29/2011
Law Office of Phillip Weiser | Phillip L. Weiser
Illegal or prescription drugs can be the basis for a DUI if the substances affected your ability to safely operate the vehicle. You can be impaired by either drugs or alcohol. They may choose to charge you with only possession or DUI depending upon the strength of the evidence.
Answer Applies to: Kansas
Replied: 9/28/2011
Law Office of Charles J. Block | Charles J. Block
It is definitely possible to pursue a DWI for blood but there are a lot of hurdles the state has to get over to prove their case - I strongly suggest you seek legal counsel.
Answer Applies to: New Jersey
Replied: 9/28/2011
Law Office of Thomas F. Mueller | Thomas Mueller
It is possible to be convicted of DUI with no alchohol in your blood, because it is illegal to drive under the influence of drugs, even Rx drugs. But it is unlikely the D.A. will pursue a charge if the only suspected drug is Meth, especially if it had been ingested a day or two before. It would be too hard for them to prove a case.
Answer Applies to: California
Replied: 9/28/2011
The Law Office of Cindy Barton | Cindy Barton
Yes, you can get a DUI for driving with drugs in your system. If the tests showed that you had meth in your system, you will have to show by the tests that you were not impaired. You will need an attorney to help you or an expert to testify that the level is so low and that what ever can be shown to prove that you were not impaired.
Answer Applies to: Utah
Replied: 9/28/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
You can be found guilty of a DUI if you pass the breath test but during a blood test drugs that would impair you driving were found. The evidence against you would be the observations of the arresting officer and the results of the blood test. If this goes to trial one of the operations sworn to by the officer would be the condition of your eyes. It will help greatly if you have an attorney go over the facts of this incident with you.
Answer Applies to: California
Replied: 9/28/2011
Law Office of James S. Lochead | James S. Lochead
They MUST prove you were under the influence of the drug at the time you were driving. That is somewhat difficult for them if you passed the firld sobriety tests. It is however possible to prove depending on the amount found in one's system.
Answer Applies to: California
Replied: 9/28/2011
Keyser Law Firm | Christopher W. Keyser
Yes. DWI can be based off alcohol consumption or controlled substances. As such, a person can be completely free of alcohol in their system but have controlled substances affecting or impairing their driving abilities. I recommend contacting a lawyer.
Answer Applies to: Minnesota
Replied: 9/28/2011
The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
Yes, technically DUI is any operation of a motor vehicle while under the influence of alcohol *or* drugs. DUI drugs cases are usually much more difficult for the State to prove, but you can still be prosecuted.
Answer Applies to: Nebraska
Replied: 9/28/2011
John V Commons, Attorney at Law | John Commons
Yes. The charge would be Operating A Motor Vehicle With A Controlled Substance In The Body and/or Operating A Motor Vehicle While Intoxicated.
Answer Applies to: Indiana
Replied: 9/28/2011
Harrison & Harrison | Samuel Harrison
Under Georgia law, if you are driving with ANY methamphetamine or any other controlled substance for which you have no prescription you are considered DUI. It doesn't matter how well you were driving. If it's in your system, You're DUI.
Answer Applies to: Georgia
Replied: 10/3/2011
Law Offices of John Carney | John Carney
It is illegal to operate a vehicle while you are intoxicated or on drugs if it impairs your ability to operate the vehicle "as a reasonable and prudent driver". Drunk driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. Using meth is even more dangerous and it appears that you are not a very good decision maker. Perhaps you should get some drug counseling, retain a good criminal attorney, and drive sober when you get your license back.
Answer Applies to: New York
Replied: 9/28/2011
Beaulier Law Office | Maury Beaulier
Yes. A DWI includes within its scope operating a motor vehicle under the influence of illegal drugs listed in statutory schedules. For most drugs listed in statutes, such as methamphetamines, scheduled drugs, the presence in your system alone is sufficient to support the charge.
Answer Applies to: Minnesota
Replied: 9/28/2011
Law Office of Jeff Yeh | Jeff Yeh
They can charge you with VC 23152(a), but realize that drug DUI is very hard to prove, because it is hard to show the true quantity and how that impairs you. You should hire a DUI specialist to represent you in court. Prosecutors will never take you seriously otherwise.
Answer Applies to: California
Replied: 9/28/2011
Law Office of Ronald Aronds, LLC | Ronald Aronds
They can try to prove it, and you have the right to defend against the charge. I cannot give any more of a definite answer without reviewing the evidence in your case.
Answer Applies to: New Jersey
Replied: 9/28/2011
The Law Offices of Gabriel Dorman | Gabriel Dorman
Yes. You can absolutely get a DUI of drugs. In California the DUI laws refer to both alcohol and/or drugs. Now, in general, a DUI involving drugs are generally more difficult to prove in large part because drugs often stay in the system and, therefore, it is hard to scientifically prove if a person was actually under the influence to the extent that their ability to operate a vehicle was impaired. In any case, you can be charged and you should hire an experienced DUI lawyer to fully evaluate your case and defend you.
Answer Applies to: California
Replied: 9/28/2011
Betts Legal Services | Shawn M. Betts
You can be charged with a DWI for being under the influence of any substance, not just alcohol. Methamphetamine stays in your system for weeks. However the state would still need to show that the amount you had in your system at the time you were driving affected your ability to operate the vehicle.
Answer Applies to: Minnesota
Replied: 9/28/2011
Lopez Law Firm | Jaime O. Lopez
Under the influence can be a substance other than alcohol. So, yes you can be charged.
Answer Applies to: Texas
Replied: 9/28/2011
Sifuentes & Locke | Shannon Willis Locke
Yes, you can be charged based on the information you have provided. However, special issues exist and the State will have to prove that the drugs were influencing you. You need to hire a lawyer who has argued these cases to judges and in front of juries. Good luck
Answer Applies to: Texas
Replied: 9/28/2011
Austin Legal Services, PLC | Jared Austin
If you have drugs in your system that is enough to be charged with a DUI-like crime. However, if you passed the PBTs and FSTs you may be able to claim that they had no probable cause to ask for a warrant. Given the limited information you have listed, it is impossible to say, but it is a possibility and is one that should always be looked into. It could very well mean the case getting severely reduced or dismissed. Have an experienced DUI attorney review the police report and the warrant for any deficiencies.
Answer Applies to: Michigan
Replied: 9/28/2011
PALMER | GEORGE, PLLC | Brandie J. Rouse
Yes, you can be charged with DUI because the offense is Driving Under the Influcence of Drugs and/or Alcohol. And to prove the charge, the State needs to show that you were under the influence at the time of the driving OR that your driving was affected by the use of alcohol and/or drugs.
Answer Applies to: Idaho
Replied: 9/28/2011
Law Office of Daniel K Martin | Daniel K Martin
Yes you can get a DUI. It is called DUI because it is Driving Under the Influence, the part they don't say is 'of drugs or alcohol' There are two counts that are always charged when a person gets a DUI, 23152 (a) and 23152 (b). One is for having a blood alcohol level above .08%, the other charge is driving under the influence of drugs or alcohol so that your driving is impaired. You can be convicted of the second one if the level of drugs in your system were high enough that an expert will say that you were impaired.
Answer Applies to: California
Replied: 9/28/2011
Andersen Law PLLC | Craig Andersen
You need a lawyer bad. The issue will be what your blood level was at the time of the blood draw. The state will have to prove that your blood concentration was high enough to prove your ability to drive was lessened to any appreciable degree. They won't know that until the lab test comes back and the prosecutor talks to the State Toxicologist. If I can give you one piece of serious advice it is this: Get yourself into treatment ASAP and be in treatment before your first court date.
Answer Applies to: Washington
Replied: 9/28/2011
Mark Thiessen, Attorney at Law | Mark Thiessen
Absolutely. You can get a DWI on alcohol, drugs, prescription medication, over the counter meds, or any combination thereof. You have what's known as a DRE DWI. You need to hire an experienced DWI attorney to fight this.
Answer Applies to: Texas
Replied: 3/29/2012
Burdon and Merlitti | Adam Van Ho
Yes, they can still charge you depending on the level of narcotics in your system. But the question is if the court should suppress the search warrant and the blood they recovered from your system. You should consult with an attorney to see if you should file a motion to suppress. The other question you should ask is if you should try the case, but that would take an examination of the police report and any dashcam/booking videos that the police might have in your case.
Answer Applies to: Ohio
Replied: 9/28/2011
Klisz Law Office, PLLC | Timothy J. Klisz
They will certainly try. DUI is trending upwards and most prosecutors treat them very seriously. The law only requires possession in your system, regardless of driving. I would recommend hiring a local, experienced attorney to assist you with this matter.
Answer Applies to: Michigan
Replied: 9/28/2011
Harden Law Offices | Leonard D. Harden
It is possible to be charged, and be convicted. You should consult with a DWI lawyer with experience handling DWI drug cases. The state will bring in a so called expert to say you were under influence.
Answer Applies to: New Hampshire
Replied: 9/28/2011
Law Office of Neal L. Weinstein | Neal L. Weinstein
Yes, you may still be found guilty of operating under the influence, but you may have a good defense, and will need a good attorney, like me, with 25+ years experience to assist you at trial and in the motions.
Answer Applies to: Maine
Replied: 9/28/2011
Michael Breczinski | Michael Breczinski
Some drugs are zero tolerance and it is illegal to have anything in the system. There are a few reasons why you could test positve for something like meth that it might be because of a prescription and then the issue is were you under the influence. Yes they can try to convict you.
Answer Applies to: Michigan
Replied: 9/28/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
TALK to your attorney. The DA can prove whatever he can convince a jury to believe. This is technical stuff requiring an experienced attorney.
Answer Applies to: California
Replied: 9/28/2011
Dichter Law Office, PLLC | Jonathan Dichter
A Drug DUI is a very interesting case. Sometimes you CAN be found guilty based on your driving alone. However - what you truly need is a skilled DUI attorney.
Answer Applies to: Washington
Replied: 9/28/2011
Law Office of Stephen P. Dempsey | Stephen P. Dempsey
Yes. DUI is driving under the influence which means any intoxicating substance that disables your ability to drive. This can include prescription medications.
Answer Applies to: New Jersey
Replied: 9/28/2011
John Segelbaum, P.S. | John Segelbaum
You can be charged with DUI if the prosecutor can prove that you were under the influnece of a drug. The mere presence of the drug in your blood may not be enough unless they can prove a causal effect with impaired driving.
Answer Applies to: Washington
Replied: 9/28/2011
Connell-Savela | Jason Savela
There are several different avenues to fight this evidence and case. There is even some evidence to suggest that meth helps people drive better, in small doses. We need to find out what they found in your blood and what science they are using to let us know your level of intoxication at the time of driving. Usually, they overstate it all. DRE is fiction. Also, we could challenge the search warrant.
Answer Applies to: Colorado
Replied: 9/28/2011
Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
You can be convicted of DUI for any amount of drugs in your system. You would need to challenge the search warrant and the testing procedures.
Answer Applies to: Connecticut
Replied: 9/28/2011
Anderson Law Office | Scott L. Anderson
You certainly could be convicted of a driving under the influence of drugs. You need representation.
Answer Applies to: Minnesota
Replied: 9/28/2011
Todd Landgren, Professional Law Corp. | Todd Landgren
Cops are much more agressive about DUI drugs these days. Most assuredly you can be charged, bigger question is can it be proven. Quantity of drug IN system is important, driving and field tests are considered by prosecutor. I expect, if cop formed the opinion you were DUI drugs, that charges will be filed. I've lectured nationally on DUI drugs, be glad to talk with you if in the LA or Orange County area. You NEED a specialist on these types of cases!
Answer Applies to: California
Replied: 9/28/2011
Law Offices of Matthew Murillo | Matthew Murillo
A DUI charge comes on suspicion of driving under the influence of alcohol AND/OR drugs. Not one or the other. So, yes. If your are suspected of driving under the influence of drugs, you can be charged with a DUI. HOWEVER, that DOES NOT necessarily mean that you can be convicted of that. Depending on the amount that came up in your system, you may be able to have an expert witness testify to whether or not that amount is sufficient to impair you, based on when it was first ingested. In order to do that, you would likely need to take your case to trial. If you have an attorney, you should discuss this with them. If you have a public defender, this question and the subsequent discussion should be directed at them. Good luck!
Answer Applies to: California
Replied: 9/28/2011
Martin Law Offices, PLLC | Matthew T. Martin
To quickly answer your question, yes. Yes, you can be charged under the DWI statute in Minnesota even if you are found to have a zero blood alcohol concentration. However, you may have an evidentiary issue based on what you have stated regarding the police investigation. I suggest seeking legal counsel to more thoroughly discuss the situation and your options for keeping your license valid.
Answer Applies to: Minnesota
Replied: 9/28/2011
Laguzzi Law, P.C. | Carina Laguzzi
The short answer is yes because the Court will take into consideration evidence (by the way of testimony) from the officer who will discuss what they observed and why they thought you were under the influence. Hire an experienced criminal defense attorney.
Answer Applies to: Pennsylvania
Replied: 9/28/2011
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