What Happens If You Refuse To Take A Drug Test?
If you refuse to take the drug test because the police believe that you are using drugs or alcohol, you can be cited for a refusal, and that has pretty dire consequences because you take the way on your right because in a refusal case and a drug case.
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 try and look back on the presumption, and a lot of times, that is difficult to do.
So it's crucial to take those tests. If you don't, you risk losing your driver's license for a year, with no restricted license. This loss can significantly complicate your life and make it much easier for the prosecutor to build a case against you, as there will be a presumption that you are DUI.
The police can get a warrant to take somebody's blood. 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 move blood out of people who usually when somebody is in an accident, that's when you see them forcing blood.
If the person doesn't cooperate, the police can obtain a warrant. This involves presenting a compelling case to a judge, who will then issue a warrant. With the warrant in hand, the police can legally hold the individual down and take a blood sample. This is especially common in situations where the police have strong reason to believe the individual was driving under the influence, such as a Drug DUI case.
Of course, they need probable cause to suspect the person is under the influence. Then, they will 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 need an accurate result. Who cares what they were 3, 4, or 5 hours after the driving?
Should I Ever Admit To Police That I Take Prescription Medication?
Another way the police catch people for driving under the influence is with a drug-related DUI involving prescription medication. If you're caught in this situation, you'll be cited and sent to court, where the prosecutors are ready to take action.
Many people say, wait a minute; I'm taking my 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 will not let you take prescription medication, Ambien, or whatever you are taking and endanger other people on the road.
It's crucial to take precautions and not drive if your prescription medication impairs your ability to operate a vehicle safely. The authorities can and will prosecute these cases. As for whether you should disclose your medication to the police, it's a personal decision, but remember, the police are not on your side and may use any information against 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 will take your blood.
They will take your urine; they will test your blood so they can ferret out what you are under the influence of, and if it's some prescription medication or drug, they will cite you for a DUI.
Ignition Interlock Device For A DUI Drug Conviction
In most situations where somebody is guilty of a drug-related DUI or regular DUI, if the DMV administratively finds you guilty or if you are convicted in court, they will try and make you put an ignition interlock device on your vehicle. In addition to this, a DUI conviction can lead to significant fines, license suspension, and potential jail time, among other consequences.
There are several different arguments to try and get around this, but it depends on the facts and circumstances of your case and how good your lawyer is as far as arguing the point. This is something you will want to sit down with a seasoned DUI defense attorney and discuss. A seasoned DUI defense attorney can help you understand your rights, navigate the legal system, and build a strong defense, potentially leading to a more favorable outcome.