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Blew a 0.0 on a DUI however controlled substiences we're in my urine

Punta Gorda, FL |

I have a previous DUI from 2006 when I was just 19 and my driving record includes quite a few tickets however this particular situation the cop aggressively followed me and pulled me over for failing to stop at a stop sign which i defiantly recall stopping at either way in the car there were open containers and another passenger which they belong to I preformed the field sobriety test however he made me preform them multiple times at this point I became very aggravated and got a little rude with the cop demanding he let me blow to prove I had nothing to drink (no clue he was going to arrest me in order to blow) I was placed under arrest charged with a DUI at the jail I blew a 0.0 but my urine came back with controlled substiences from days before

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Attorney answers 3

Posted

In most states a controlled substance is just as bad as alcohol in your system. I reccomend that you contact a DUI attorney from your state ASAP to see if there is anything you can do to fight these charges or mitigate what you may be looking at.

Philip Daniel Hache

Philip Daniel Hache

Posted

I think these cases are often easier to defend than alcohol related cases (assuming the driving is not horrendous). Of course, I have seen similar cases and my response was initially the same until I saw the video of the driving and the clients issues with talking and walking....and my thoughts on the case changed. But all things being equal, more variables, unpredictabilities, and often lack of "per se" laws with drug DUI's (at least in CA), and they can be better cases to defend at trial.

Posted

Controlled substances in your urine can show that your normal faculties were impaired. Get an attorney to fight this.

Philip Daniel Hache

Philip Daniel Hache

Posted

Drug DUI's can be fought. One of the many issues is certain drugs can remain in your body long after the effects have worn off. Contact an experienced DUI attorney in your area

Posted

Testing positive for a controlled substance can be the basis for a DUI charge. Any substance that affects your normal faculties may be considered by a jury.

You definitely need to consider retaining a skilled criminal defense attorney to help you fight this charge. This would be considered a 2nd DUI outside of 5 years from the 1st. Therefore, it could result in enhanced penalties but not a mandatory jail sentence.

Best of luck.

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.