I was stopped and arrested for DUI. I was given a blood test and afraid the results might show more then alcohol. The officer offered me a breath test, said I took too long to think about it and made me have a blood test. I was not in posession of any drugs and was not asked to provide a urine test, also there was no DRE or official test for drugs. Should I be scared of facing additional charges beyond a DUI or am I worrying for nothing? Any help would be appreciated as I am not a Junkie or addict and very scared of Jail
It is unlikely that the DA would opt to file additional charges. Further, unless the officer had some indication that you were under the influence of narcotics, he would likely not request a drug panel, and, assuming your BAC was over .08, they would proceed based on the alcohol.
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Typically the blood is tested first for just alcohol and if the test comes back positive and over 0.08%, then they charge you with a dui alcohol, if the test comes back under the limit, then the sample is then tested for one of several categories of drugs. If that test comes back over a presumptive limit then they charge you with a drug dui which is basically the same as an alcohol dui. Just remember that the drug test is not specific for any active level of drug in your system and could be comprised entirely of metabolites of the given drug which are inactive rather than positive or physchoactive.
Oblique facts make clear answers difficult. If you are saying that you had some sort of drug in your system, you could very well be looking at additional charges, but it is hard to tell from your question. If they lawfully collected your blood, they can obviously test it for more than alcohol, and if the BAC comes back too low for what the cop was observing, they most certainly will test for more than alcohol. You need counsel asap. www.kennedyforlaw.com
Based upon the information you provided, it is unlikely that the district attorney would file additional charges. Unless the officer had some indication that you were under the influence of narcotics, he/she would generally not request your blood be tested for drugs. As with most criminal law matters it is best to seek the assistance of a qualified attorney to ensure you are well informed and protected throughout the process.
Unfortunately you can't roll the clock back and get a do over. Blood is always a more accurate way of determining your BAC and can also show drugs whereas a Breath Test, less reliable, can only test for alcohol. If you were taking other substances, and you gave blood, of course there is a chance of an additional charge depending upon the substance. DA's charge things they can't prove all the time. So if a drug shows up in your blood they can charge it
Thanks for your question. In most counties in Southern California, for cost/expense reasons, they don't test for any other substances unless asked by law enforcement to do so, or if your blood alcohol level is zero.
I hope this helps, and all the best to you. It's my pleasure to assist in any way that I can. Thanks.
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