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 you 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 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, I see them get a warrant, then they hold them down and take the blood from them. Again, especially in an actual situation where they are much more justified in forcing a blood draw from somebody, they get the warrant in a Drug DUI case; they show the person the contract.
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 have 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?
Suppose it's a drug-related DUI prescription medication. In that case, that's another way that I've seen the police catch, people for driving under the influence, cite them, and send them to court. The prosecutors are ready to prosecute those cases.
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.
So you need to take precautions and not take your prescription medication if it will put you in a state where you cannot safely operate a motor vehicle. So they can 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 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.
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.