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If you refuse to take the drug test because the police believe that you are using drugs or alcohol then you can be cited for a refusal and that has pretty bad consequences because you kind of take the way on your right because in a refusal case and in a drug case, just like in an alcohol case, it’s presumed that you cannot safely operate a motor vehicle and therefore you end up with a DUI and you try and look back the presumption and a lot of times, that is difficult to do. So you definitely want to take those tests because if you don’t then you are going to end up losing your driver’s license for a year with no restricted license probably will make it a hell of a lot easier for the prosecutor to prosecute you because there is going to be a presumption that you are DUI. The police absolutely is able to get a warrant to take somebody’s blood. Obviously, they’d be able to take a urine test but you can force somebody to go to the bathroom but blood, I’ve seen them force blood out of people who usually when somebody is in an accident; that’s when you see them forcing blood.
I do see them get a warrant if the person doesn’t cooperate, then they just hold them down and take the blood from them. Again, especially in an actual situation is where they are much more justified in forcing a blood draw from somebody but yeah they get the warrant in a Drug DUI case, they show the person the warrant, of course, they need probable cause to suspect the person is under the influence, then they are going to get the warrant relatively quickly before too much time passes from the time of driving otherwise the defense will have another argument that you waited too long to draw the blood and therefore you don’t really have an accurate result. Who cares what they were 3, 4 or 5 hours after the driving.
If it’s a drug-related DUI prescription medication, that’s definitely another way that I’ve seen the police catch people for driving under the influence, cite them and send them into court and the prosecutors are ready to prosecute those cases. A lot of people say wait a minute, I’m taking my prescribed medication. What’s wrong with that? But the bottom line is that we say in our society that driving is a privilege, not a right and we are not going to let you take prescription medication, Ambien or whatever you are taking and endanger other people on the road. So you need to take precautions and not take your prescription medication if it’s going to put you in a state where you are not safely able to operate a motor vehicle. So they can definitely prosecute these prescription drug cases. As far as whether you should tell the police about it, I don’t know, it’s up to the client but I wouldn’t answer too many questions that the police have because they are looking to get you.
The bottom line is whether you tell them about it or not, if you are driving erratically or dangerously and it looks to them as though you are under the influence of something they are going to take your blood, they are going to take your urine, they are going to test your blood so they can ferret out what it is that you are under the influence of and if it’s some sort of prescription medication or drug, they are going to cite you for a DUI.
In most situations where somebody is guilty of a drug-related DUI or regular DUI is if the DMV administratively finds you guilty or if you are convicted in court, they are typically going to try and make you put an ignition interlock device on your vehicle and there is a number of different arguments to try and get around this but it really just kind of depends on the facts and circumstances of your case, how good your lawyer is as far as arguing the case. This is really something you are going to want to sit down with a seasoned DUI defense attorney and discuss.
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