What types of drug classifications are included for DUI-DWI arrests?
Most DUI-DWI state statutes contain provisions making it illegal to drive a vehicle while under the influence of either inhalants or drugs. This means that there must be some proof that the drug was hampering or lowering your normal ability to drive. This applies to ALL types of drugs, whether over-the-counter, prescribed or contraband (illicit). By contraband, this means "illegal for all purposes. Most states also have laws that prohibit driving AT ALL with any trace of any "contraband" substance or the "burn-off" (metabolites) products in your bloodstream.
How long can trace amounts of a drug substance remain in my system?
The length of time depends on the drug, the dosage amount taken and over what period of time it was ingested (smoked, injected, swallowed or inhaled). Conviction for DUI-DWI is constitutionally permitted if the contraband drug or the metabolites of the contraband drug can be found in the person's system.
How does a DUI-DWI blood or urine test defect the presence of drug use?
Lingering evidence from drug usage is due to the fact that most drugs and chemicals that people ingest to "get high" are fat-soluble. This means that these are not washed out of the body by water, as alcohol is. These fat-soluble drugs are stored in the fatty tissue of the body so that the liver can slowly break them down and eliminate them over a period of days (or weeks) for heavy regular users of some drugs.
I used an illegal drug days before my arrest, can I still be convicted of DUI-DWI?
Yes. For instance, blood tests or urine tests can DETECT TRACES of contraband substances such as marijuana or cocaine for HOURS, DAYS OR WEEKS after the person has used the drug. For such laws, no proof of impairment by the contraband drugs (or the "burn-off" products from such drugs) is necessary. (C) William C. Head, Atlanta, GA
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