I wrecked my truck and i was under the influence of alcohol and methamphetamine but the thing is that police officer order a

Asked 6 months ago - San Jacinto, CA

Blood draw, the thing is that the officer dont know or didnt notice but I was under the influence of methamphetamine,and they thought I was only drunk...Well i want to know if when they took my blood will that come out asa well and will affect me? And if when i go 2 court will they drug test me again that same day?

Attorney answers (4)

  1. Greg Thomas Hill

    Contributor Level 20

    8

    Lawyers agree

    1

    Answered . I would caution you against posting such incriminating statements that might be traceable to you.

    I am unclear about you question "will that comes out asa well and will affect me?" I can't understand what you are trying to ask.

    Will they drug test you at court? Most likely, no, unless you appear to be under the influence at the time of being in court.

  2. Michael Jon Fremont

    Pro

    Contributor Level 16

    8

    Lawyers agree

    Answered . Unless the police put down that they believed you were a alcohol drug combo
    you will not be analyzd for drugs if your alcohol level is over point 08 if
    you are and it shows positive for methamphetamine you may also be charged
    for the Health and Safety Code 11550 under the influence of a controlled
    substance. They will not drug test you when you go to court

  3. Daniel M. Fox

    Contributor Level 12

    7

    Lawyers agree

    Answered . Riverside, like most jurisdictions, does not automatically screen blood for controlled substances or pharmaceutical drugs. The blood will be screened if 1) the officer checked the box asking for it to be screened, or 2) the BAC comes back less than 0.08 (sometimes this is done automatically, and sometimes it has to be resubmitted by the officer or the DA.)

    If the blood turns up the meth and its metabolite, and the symptoms you displayed at the time of arrest can be matched up to meth or a "downside meth", then you can expect to be charged with a DUID (23152(a)) as well as 11550.

    They are unlikely to test you when you go to court, unless you go to court high. If any of the officers present at court suspect you of being 11550, then you can expect to be arrested and tested. Don't go to court high - it never really turns out well.

  4. Anthony Michael Solis

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . They won't likely test you in court and if the cops don't suspect drug use, they won't order the lab to test for meth. However, I wouldn't bank on that. They could ask the lab to test for alcohol and drugs. Best to get an attorney ASAP and defend yourself. Have the blood tested by a lab of your choice.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

27,621 answers this week

2,973 attorneys answering

Legal Dictionary

Don't speak legalese? We define thousands of terms in plain English.

Browse our legal dictionary