How do they test for DUI when not drinking alchohol? 68 Answers as of July 11, 2013

How does the police confirm if you are under the influence of a drug if you aren't drinking?

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Healan Law Offices
Healan Law Offices | William D. Healan, III
They will ask you to submit to a blood or urine test.
Answer Applies to: Georgia
Replied: 7/19/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
If you are stopped for a DUI and the officers have probable cause to believe that you are under the influence of drugs then they can require you to take a test to establish if you are under the influence. If you refuse a blood or urine test you will be charged with a refusal which carries a mandatory penalty of a 1 year license suspension from the DMV. If you do a blood test your attorney can request a blood split and this can show the levels of drugs that were in your system at the time of driving. The split can be very effective at establishing that you were not under the influence of drugs at the time of driving.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Cotter C. Conway
Law Office of Cotter C. Conway | Cotter C. Conway
If a police officer suspects that a driver is under the influence of a controlled or prohibited substance, then he will request that the driver submit to a blood test which will then be tested by a crime lab to determine the presence of a controlled or prohibited substance. If there is a controlled or prohibited substance present in the driver's blood and it exceeds the legal limit, then the police officer has confirmed that the driver is under the influence.
Answer Applies to: Nevada
Replied: 7/15/2011
Law Offices of Carl Spector
Law Offices of Carl Spector | Carl Spector
The police may ask for a urine sample to test for drugs and in other cases the police may request a blood sample that would be drawn by a professional at a hospital.
Answer Applies to: New York
Replied: 7/14/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
If you get pulled over for suspicion of driving under the influence of alcohol and/or drugs, the officers can lawfully have you take a blood test to determine what type of drug you have ingested. This usually occurs after a field sobriety test and after you have been arrested and taken to the police station. Often times, individuals may display signs of being under the influence of a drug or, like many marijuana cases, the officer can smell the drug which gives them probable cause to arrest you and, therefore, make you take a blood test.
Answer Applies to: California
Replied: 7/13/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    The police have field sobriety tests for alcohol and drugs that consist of doing simple things to see if you can follow directions and perform simple tasks that a person not under the influence of alcohol or drugs. Also police officers, like regular people, also can use common sense to see if someone appears to be acting not normally and thus probably under the influence of drugs or alcohol. in addition Police officers can use their specific training and experience in observing people's behavior when under the influence of drugs or alcohol.
    Answer Applies to: New York
    Replied: 7/19/2011
    Giannini Law Office, PC
    Giannini Law Office, PC | Robert Giannini
    Some police officers receive special training in detecting drivers impaired by drug. They call this training DRE or Drug Recognition Evaluations. Generally it is much harder to detect drivers allegedly impaired by drugs than those impaired by alcohol. That is why we DUI attorneys like getting DUI drug cases so much.
    Answer Applies to: Georgia
    Replied: 7/13/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    If the CHP suspects drug use, the law allows them to take a blood or urine test and the drug shows up.
    Answer Applies to: California
    Replied: 7/12/2011
    Osterman Law LLC
    Osterman Law LLC | Mark D. Osterman
    Drugged driving and Drunk driving are 2 different offenses under the same statute. One focuses on a minimal blood alcohol. But the other focuses on substances which can be abused and cause difficulty. I have seen DUI for NyQuil, for abusing sleep medication and then for Meth, Marijuana and other things. Police still use the same sobriety tests because coordination is effected by all substances and something, generally, alerts the police to the condition. Field sobriety not only test coordination but also the ability to think and the physical signs of drug abuse. Remember, drug abuse is taking more than is prescribed or taking an illegal substance. Police are now getting training on spotting drug abuse. They look at skin color, sweating, scratching, eyes and how someone responds to them and their questions. If the symptoms are strong enough, they get a warrant to seize blood or gather urine. During the 1990s and until the present time, law enforcement has been trying to find better ways to bring charges against people that they believe are abusing drugs and driving. Generally speaking, this new level of expert is usually a police officer receiving specialized training and becoming a Drug Review Expert (DRE). These are not normally patrolman but officers specifically trained to assist patrolman acting as an objective observer. Unfortunately, they are far from being objective and far from being anything other than a police officer. The focus is on the effects of 7 categories of drugs and how they affect the central nervous system and cognitive ability. In order for a DRE to claim that there is drug intoxication, he has to perform what is essentially a full medical evaluation. This includes looking for needle marks, measuring the depth of the pupil, and many other factors. The fact is, if someone is being given this evaluation, they should refuse police cooperation and demand an attorney immediately. Continued participation in a DRE evaluation is not a good thing. In fact, papers published with the American Prosecutors Research Institute can best claim that field sobriety tests conducted by trained police officers may be as high as 97% accurate and in most cases. I am not confident that any client's case fits these parameters and 97% accuracy is not a number upon which I would determine any client's life. But it seems that the district attorneys and prosecutors believe that 97% means that the other 3% are merely statistics and not worthwhile people. A DRE uses several things to assist in determining whether a person is intoxicated. These include: Blood pressure, thermometer, pupillometer, a preliminary breath analyzer, and access to a dark room. The evaluations performed by DRE's can last several hours. Unfortunately, certain allergy and cold medicines have been determined by the American Medical Association and the Food and Drug Administration to be unsafe for people who are driving. These include most cold formulas such as Vic's Nyquill, Benadryl, and many others DRE usage has largely passed the Daubert and Frye tests in many courts.
    Answer Applies to: Indiana
    Replied: 7/12/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Depending upon the situation (ie car accident,injury), and if they have reasonable suspicion, they could require you to submit to a blood test.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    They can do a blood test, or they can rely on a Drug Recognition Expert (DRE) who is trained (supposedly) to determine what drug you are on.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A blood test will usually give results for ingestion of drugs, also a urine test can do the same.
    Answer Applies to: Kansas
    Replied: 7/12/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    If you are suspected of DUI but the police have reason to believe a person is under the influence of something other than alcohol, that person can be taken to the hospital for a blood test. Some officers are trained as "Drug Recognition Experts" or DREs, and they can supposedly determine if a person is under the influence of drugs and provide the basis for the blood test request. While the scientific basis for their training and the tests they perform are highly questionable, the Washington courts have approved their use under certain conditions. However, like the roadside tests, the DRE exam is voluntary and I usually advise against submitting to them. You should seek the advice of an experienced DUI attorney.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You can be compelled to take a urinalysis or blood test or any other test. There are times that the police will attain a search warrant for your bodily fluids for these test if you do not consent and the charge is a serious charge.
    Answer Applies to: Alabama
    Replied: 7/12/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You may be required to submit to a chemical blood test in which a sample is taken and analyzed to determine whether or not narcotics are present in your system at the time of arrest.
    Answer Applies to: Louisiana
    Replied: 7/12/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Blood test.
    Answer Applies to: Michigan
    Replied: 7/12/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    Urine test.
    Answer Applies to: Florida
    Replied: 7/12/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Georgia will go for a blood test in a suspected DUI alcohol. The blood is the usually accurate if done correctly,there are a lot of variables, and it takes time to get a result back from the lab.
    Answer Applies to: Georgia
    Replied: 7/12/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    Thank you for your inquiry. The general approach is a blood test. However, circumstantial evidence could be used depending on the facts n your case. For the best answer, you should retain an attorney to review your case for advice on whether the charges in your case can be shown at trial. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 7/12/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    Blood test or urine test.
    Answer Applies to: Colorado
    Replied: 7/11/2013
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    The way that law enforcement does this is by drawing your blood. A blood test will determine how much drugs, if any were in your system. If no blood test was taken then it will be very difficult for the prosecution to convict you. You should contact a criminal defense law firm now.
    Answer Applies to: California
    Replied: 7/12/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Blood test. If they didnt take one from you, then prosecution is based on the officers observations. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    By an evaluation by an officer with sufficient training and a confirmatory blood or urine test.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    If law enforcement has probable cause to believe you were operating a motor vehicle while under the influence of drugs rather than alcohol, a blood test is how this is determined.
    Answer Applies to: Washington
    Replied: 7/12/2011
    Law Office of John E. Gutbezahl LLC
    Law Office of John E. Gutbezahl LLC | John E Gutbezahl
    Generally, the standard field sobriety tests may initially help the officer to determine if a driver is under the influence, however, if there is other evidence to suggest impairment but there is a .00 or low breath result, the police will often use what is called a DRE or drug recognition expert. A DRE has additional training to recognize the effects of certain controlled substances. The DRE may make a request for urine for testing. Every case is different, and challenges must be made at every step of the way. You need experienced, knowledgeable and aggressive counsel to ensure that your rights are preserved.
    Answer Applies to: Oregon
    Replied: 7/11/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    The ask you to take a blood or urine test and/or call in a drug recognitions expert (DRE) to evaluate you in order to testify in court if necessary.
    Answer Applies to: California
    Replied: 7/4/2013
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    A police officer can run a series of physical and mental tests to detect if you ability to operate a motor vehicle has been impaired by what the officer believe is e consumption of alcoholic beverages. Needless to say the ultimate question of whether you were under the influence is for the trier of fact to decide.
    Answer Applies to: District of Columbia
    Replied: 7/11/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    They have a variety of field sobriety tests that they use to establish that you are impaired. These are things like saying the alphabet, doing addition, touching your nose, walking in a straight line, etc. They also test the alcohol in your blood. They can do that using a breathalyzer that you blow in, or by taking blood. Please note that you have to consent to these things in order for the police to do them without a court order. So most attorneys will advise you not to blow into the breathalyzer, not to consent to giving blood, etc. However, if you refuse you will automatically lose your license for one year. The good news is that you can get a hardship license, so that is often better than a conviction.
    Answer Applies to: Missouri
    Replied: 7/11/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    One way is to take your blood. Different police departments use different tests.
    Answer Applies to: Florida
    Replied: 7/4/2013
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Blood tests can also detect the presence of drugs.
    Answer Applies to: California
    Replied: 7/4/2013
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    With a blood or urine sample.
    Answer Applies to: New York
    Replied: 7/10/2013
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    I strongly advise to obtain a lawyer to assist you with this matter. If you need specific legal advice, you should consult privately with an attorney. This answer does not contain specific legal advice. There are many kinds of possible criminal charges that involve the alleged consumption of alcohol. Police officers use a variety of investigative techniques to attempt to determine whether a person has recently consumed alcohol. If a person is suspected of driving while under the influence of alcohol, "OUI's DUI, DWI's, etc." investigating officers may use "field sobriety tests." Further, an officer may observe certain circumstantial behavior that suggest a person consumed alcohol recently, i.e., slurred speech, vehicular swerving, breath that alleged smelled like some type alcoholic beverage, observance of open containers nearby, blood-shot eyes, lack of coordination, etc. A person's statements may also be used against them to suggest that they had been drinking alcohol. Usually, however, police officers will follow up those "field sobriety" tests with a breathalyzer and data-master test or a blood test. Alcohol stays in a person's system until it is metabolized and ultimately discharged through the usual channels. Depending on a person's level of consumption, traces may remain in person's body for a lengthy period of time. Alcohol, obviously, is a toxin and, as it is metabolized, impacts the human body in certain predictable manners depending on the level in a person's blood-stream, a person's body-mass, their gender, tolerance, etc. There are may factors. Field observations by police officers of alleged alcohol use are considerably less accurate and more problematic than blood-test results. These types of tests are more easily challenged and potentially supressed by defense attorneys. However, prosecutors will often attempt to incorporate the results of field tests or observational results as circumstantial evidence that a person had been drinking. Further, obviously, what a person says will be potentially used against them as well. Ultimately, whether this evidence is credible depends on the factual circumstances and what ultimately, a judge or jury would potentially believe. If you are charged with an OUI, OWI, DWI, DUI, I strongly recommend retaining an attorney to assist you.
    Answer Applies to: Michigan
    Replied: 7/11/2011
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    If the officer believes that an individual is DUI of drugs, not alcohol, they will require a blood test to test for the presence of any narcotics that may impair the driver's ability to safely operate the vehicle.
    Answer Applies to: California
    Replied: 7/11/2011
    Law Offices of Jacek W. Lentz
    Law Offices of Jacek W. Lentz | Jacek W. Lentz
    If the police suspect something other than alcohol is involved, they will require you to take either a blood or urine test as opposed to a breath test which detects only the presence of alcohol. There are several factors which play a role in establishing whether driving under influence took place including, but not limited to, test results, manner of driving and performance on the field sobriety tests. Each case is different and you should discuss the details of your situation with a lawyer.
    Answer Applies to: California
    Replied: 7/11/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    There are several ways of establishing being under the influence. Primarily, they will submit the driver to a blood test, usually done at a hospital by professionals, who would be called as expert witnesses at trial. If they detect the odor or marijuana on the person arrested or in the auto, or if they find drugs in the driver's possession, those can be introduced, as well. Of course, the officer can testify as to the physical condition of the accused. Usually the size of the pupils, and dexterity tests, as well as the driver's verbal ability, can be used as well. Police officers receive extensive training as to what to look for, and the courts accept their observations almost 100% of the time.
    Answer Applies to: Illinois
    Replied: 7/11/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    They take you for a blood test. I suggest you hire a lawyer if you are facing a current DUI charge.
    Answer Applies to: Michigan
    Replied: 7/12/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    The police have a portable alcosensor in the car and a breathalyzer machine at the station. It will tell them your BAC and if over .05 you will usually be arrested.
    Answer Applies to: New York
    Replied: 7/12/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    Police may request blood or urine testing which can be tested for drugs.
    Answer Applies to: Minnesota
    Replied: 7/12/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    It is difficult for the police to prove the influence of drugs and essentially they try to prove it by saying that the erratic nature of your driving must be attributed to drugs if you weren't under the influence of alcohol. Of course they must have some more evidence to suggest the presence of drugs. There are police who are certified in "Drug Recognition". They look for things like dilated eyes, odor of marijuana, the presence of drugs or paraphernalia in the vehicle. As you may imagine, it is often difficult for them to prove. If you have been charged with this, you should seek an attorney who, like myself, specializes in DUI/OUI/DWI cases and is familiar with the associated defenses used to protect their clients rights.
    Answer Applies to: Massachusetts
    Replied: 7/12/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    Typically, the police will ask for a blood test to determine if a person is under the influence of drugs.
    Answer Applies to: Kentucky
    Replied: 7/4/2013
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    A positive urine test or blood test would give scientific evidence of intoxication, as even a trace amount of controlled substance in your bloodstream is evidence of DUI. Further, there are tests and indicators, different from standard alcohol field sobriety tests, that can be used at trial to give evidence of drug intoxication. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.
    Answer Applies to: Illinois
    Replied: 7/11/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    They would obtain a blood test, either by consent or with a search warrant.
    Answer Applies to: Michigan
    Replied: 7/4/2013
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    They usually conduct a urine screen or blood draw. Usually there will also be an officer who is supposed to be a DRE (drug recognition expert) called to the scene to conduct field sobriety test.
    Answer Applies to: Arkansas
    Replied: 7/11/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    The best way is a blood test for drugs. The police may also attempt to have a drug evaluation conducted. The drug evaluation if rife with problems and a good lawyer will destroy it.
    Answer Applies to: New Hampshire
    Replied: 7/11/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If you are not drinking but under the influence of some other drug, you can still be charged with impaired driving or operating under the influence of a drug or substance. If needed, they could get a warrant to draw your blood and the test results will come back detailing what was in your system.
    Answer Applies to: Michigan
    Replied: 7/11/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    They have field tests that rely on the observations of the officer. If the officer determines through his observations that the subject is under the influence of drugs then the subject will be taken in for a blood test .
    Answer Applies to: California
    Replied: 7/11/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    In Colorado, the only way permitted to test for drugs in a DUI investigation is by a blood test.
    Answer Applies to: Colorado
    Replied: 7/4/2013
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    The police may suspect that someone is under the influence of a drug based on certain objective symptoms. That is enough for them to take the person to the station for a blood test. There is no way to be certain of the presence of drugs until the toxicology report comes back.
    Answer Applies to: California
    Replied: 7/11/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    If you have not been drinking alcohol and have not alcohol in your body it would be impossible to prove you are under the influence of alcohol. If you are under the influence of drugs, a drug recognition expert may be able to determine some level of impairment and of course, a blood draw can prove that drugs were in your system.
    Answer Applies to: Washington
    Replied: 7/11/2011
    Leyba Defense, PLLC
    Leyba Defense, PLLC | Matthew Leyba
    If a police officer has concerns that your under the influence of drugs, then they usually will require you to do a blood test. If a blood test is not requested then the officer may try and prove you were under the influence of drugs based on certain observations they made. Its important you speak with a qualified DUI Attorney that is experienced in defending those accused of drug DUIs.
    Answer Applies to: Washington
    Replied: 7/11/2011
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    They perform a process called a DRE. A certified DRE officer must perform the process. At the end, a urine sample is collected and tested. If you refuse the urine sample, it carries similar penalties to refusing the breath test (license suspension, fine, etc).
    Answer Applies to: Oregon
    Replied: 7/11/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    Police can obtain a blood sample by taking a suspect to the ER under the current state of the law. Or, the police can simply testify as to the field test results and the police opinion that a person was intoxicated. IF you have this problem, hire an attorney as soon as possible.
    Answer Applies to: Missouri
    Replied: 7/11/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    A blood test must be taken.
    Answer Applies to: Michigan
    Replied: 7/4/2013
    The Law Office of Lewis R. Rosenblum
    The Law Office of Lewis R. Rosenblum | Lewis Rosenblum
    They need to have taken a blood sample. If you took a breath test it will not show.
    Answer Applies to: California
    Replied: 7/11/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Usually with a blood or urine test.
    Answer Applies to: California
    Replied: 7/4/2013
    Law Office of James Christie, LLC
    Law Office of James Christie, LLC | James Christie
    In Alaska, they use Drug Recognition Experts who are supposedly trained to recognize the physical and psychological cues relating to specific drugs. Field sobriety tests are also regularly employed. With a warrant, the police may also obtain a sample of your blood for drug screening by the state crime lab.
    Answer Applies to: Alaska
    Replied: 7/11/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Blood or urine. They could test the most common drugs, including but not limited to marijuana, ecstacy, heroine, cocaine...etc.
    Answer Applies to: California
    Replied: 7/4/2013
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    General they will run Field Sobriety tests, and a Drug evaluation (observations and tests), and possibly urine and blood tests. Depending on the type of drug, their sciences of determination are vulnerable to attack. For instance, marijuana tests are proven to be inconclusive.
    Answer Applies to: California
    Replied: 7/11/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Field sobriety testing would be the first step, then a request for urine or blood.
    Answer Applies to: Florida
    Replied: 7/4/2013
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Police officers use a variety of techniques and "tests" to try to determine if a person is impaired and whether or not they have drugs or alcohol in their system. Many of these techniques are not done properly and may not do what the police think they do. Hiring an aggressive DUI attorney is your best defense. You should hire one quickly since your driver's license is also at stake.
    Answer Applies to: Hawaii
    Replied: 7/11/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They get a blood test. If you consent to one then they just take you fora blood draw. If you do not consent then they try to convince a judge to give them a search warrant.
    Answer Applies to: Michigan
    Replied: 7/11/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Two ways one admissible in court and the other not so admissible. The admissible way is to take a blood draw. Medical personnel draw the blood and the officer takes the tube of blood and puts it into evidence. Then the blood is transferred to the state Toxicology Lab where a deputy toxicologist tests the blood on a gas chromatograph. That instrument measures different elements in the blood and tells the officer and the court what level of drugs the suspect had in his or her system at the time of the blood draw. Whether it is an illegal drug or a prescription drug, if the level is high enough to lessen your ability to drive to an appreciable degree, that determines guilt or innocence. The other method is called examination by drug recognition expert. Drug recognition experts (DREs) are specially trained Washington State Troopers who examine a suspect for cues including vertical nystagma, blood-shot eyes, slurred speech, lack of alcohol smell, poor balance, poor coordination and other cues that suggest drug intoxication. The information they gather can provide probable cause to arrest for DUI but only a blood test can provide admissible evidence if drug DUI. If you or a friend find yourself in trouble for Drug DUI, be sure to hire an attorney who understands drugs and blood testing.
    Answer Applies to: Washington
    Replied: 7/11/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    For DUI (driving under the influence for those under 21 years) or DWI (driving while intoxicated for any age)? DUI is only alcohol related. No tolerance for those under 21 who are under the influence of alcohol and drive. The officer's testimony that he smelled alcohol on the breath is sufficient if believed by a jury. DWI - if there is a breath test of .00 then they generally take a urine test from the person (or a blood test if that is available) and they have officers who are specially trained (supposedly) to recognize drug use. DRE (drug recognition expert) gives field sobriety tests that are supposedly better able to determine drug use. They include standard alcohol field sobriety tests plus more. If there is alcohol and drugs involved, this makes it much easier for the state. They just allege that the person was intoxicated as a result of a combination.
    Answer Applies to: Texas
    Replied: 7/11/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    A blood test, hair follicle test, or a UA can test for drugsbut those tests can only be administered under certain conditions and with certain protocols. An officer can be, however, a drug recognition expert (DRE) and testify to that officer's observations that support an opinion that an individual is under the influence of drugs.
    Answer Applies to: Washington
    Replied: 7/11/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    They have blood drawn + test the blood for many different substances, with the testing currently taking more than three months.
    Answer Applies to: Colorado
    Replied: 7/11/2011
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