Yes, someone can refuse a drug test in a DUI investigation. The police can attempt to get a warrant for a blood test, but that is not likely to happen because it would take too long. If there is an accident involved in a DUI, then the police will do a forced a blood draw, whereby they hold the person down and obtain a sample of blood.
This is usually only something they will do when there is an accident; they would never do this on a regular stop.
If there is no alcohol in your system and the police suspect that you're under the influence of some sort of drug, they can demand that you take a blood or urine test.
If you refuse, then they can count it as a refusal and you will lose your driver's license for one year. This is all true under the assumption that the police did everything they were supposed to regarding the refusal law and letting you know that if you don't take the blood or urine test, you will lose your driver's license for one year.
How Reliable Are The Blood Tests in a DUI Drug Investigation?
The blood test is usually more reliable than the breath test. Oftentimes it is hard to determine when a person actually took a medication or narcotic based on a blood sample. However, the blood test usually helps the prosecutors prove their case simply because it will show that there were drugs in a person's system. Sometimes people mix alcohol with drugs or narcotics.
If someone's blood tests positive for a substance which could impair their ability to safely operate a motor vehicle, then that is a weapon that could be used to prove that the person was DUI. On the other hand, if a person does not have narcotics in their system and they didn't take anything that could impact their ability to drive safely, then the blood will be their best friend. It will prove innocence.
A lot of people try to indicate that they've taken some sort of cold medicine or that they're on some sort of prescription medication, thinking that saying so will help them talk their way out of a DUI. The bottom line is that if you take anything that affects your ability to safely operate a motor vehicle, then the police can arrest you for a DUI.
The fact that a medication is prescribed to you is not an excuse. So, usually your best bet is not to admit anything to the police. As part of your privilege to drive, you must cooperate with the police if they ask you to take a blood or breath test. However, you certainly don't have to voluntarily answer all of their questions, especially those which might incriminate you. You can tell the police that if they are going to ask you specific questions and try to incriminate you, then you're going to need to speak to your lawyer.
Are DUI Drug Cases Easier To Defend Than Alcohol Case?
The level of difficulty between defending a drug DUI case and an alcohol DUI case is probably about the same. In a drug DUI case, the first question will be to determine whether or not is there any sort of a narcotic or prescription medication in your system. In an alcohol DUI case, the first question will be to determine whether or not there is any alcohol in your system. In either case, the mere presence of a substance in your system does not necessarily mean that you are unable to safely operate a motor vehicle for the purposes of a DUI.
The same evaluation is used for both alcohol related DUIs and drug related DUIs. The police will consider the reason for the stop, how you were driving, how you are speaking and whether or not your eyes appear watery or bloodshot. If they get a chance to see you walk, then they are going to evaluate your gait. In other words, are you staggering or can you walk around easily? So, the same evaluation is used in both scenarios.
If you are found with marijuana and you do not have a prescription for it, then you could certainly be charged for possession of marijuana. If, on the other hand, you have a prescription and you have the proper amount of marijuana, then the police probably won't book you for possession of marijuana, and the prosecutors probably won't charge you.
For more information on Refusing A Drug Test In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (213) 542-0979 today.