QUESTION
Are there two different tests for drugs and alcohol?
Asked on Oct 24th, 2012 on DUI/DWI - Michigan
More details to this question:
I received a DUI on June 18. I was pulled over due to a mechanical error resulting in me hitting a curb. Friends in my truck were smoking marijuana and I was driving them home before me going home. I was sure I was under the legal limit. I was told I reeked of alcohol and they found marijuana paraphernalia in my truck and pieces of pot in the carpet, which no one claimed. I got the blame for that. On September 5, I had my first court appearance. They said results weren't back in so I went back today on the 24th of October. They said my BAC came back negative or in other words 0.00. I have no clue how but it did. They said they hadn't received the toxicology report though. The district attorney wanted me to plead guilty on circumstantial evidence. I don't understand how I had no alcohol in my system and as a former heavy pot smoker, the levels in my blood will be high. Something feels strange about this. Any help or answers would be appreciated.
12 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes, the tests are different.
Answered on Oct 26th, 2012 at 11:22 PM
Michael J. Breczinski
There are two different tests for alcohol and drugs. I would want to see waht the second test says first. If it does not shw that you were under the influence of drugs at the time then the prosecutor will not have a case. That is why he wanted you to plead, his case is going south.
Answered on Oct 26th, 2012 at 11:22 PM
Administrative/ Regulatory Attorney serving Airway Heights, WA
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Clinton Law Office
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Get yourself an attorney.
Answered on Oct 26th, 2012 at 11:21 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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At current time, breath BAC would would only measure alcohol. In SC, you can be guilty for driving under the influence if you were driving under the influence of alcohol and/or drugs and law enforcement can prove it. You should consult with a local attorney as soon as possible regarding this matter.
Answered on Oct 26th, 2012 at 11:21 PM
You absolutely have to hire a DUI specialist. You have a great case, and a skilled attorney can probably get the whole thing dismissed. Drug DUI's are difficult to prove, because concentration is difficult to prove. But without an attorney, the prosecutor simply won't budge.
Answered on Oct 26th, 2012 at 11:19 PM
1 Award
You need your own attorney right away. The DA does not represent your interests and you should ignore anything he is telling you. If you cannot afford your own attorney, ask the court to appoint one for you.
Answered on Oct 26th, 2012 at 11:16 PM
Gary Moore
Being under the influence of a drug is a difficult charge to prove. It is not enough to show that a person has a drug in his body. It must be shown that the drug, not some other cause, is the reason for his appearing to be intoxicated. You should give me a call.
Answered on Oct 26th, 2012 at 11:16 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I would very strongly suggest that you immediately contact an attorney. Clearly there is something wrong, and I believe that you would want a aggressive criminal attorney to see to it that there is going to be any advantage caused by the apparent problems they will be in your favor.
Answered on Oct 26th, 2012 at 11:15 PM
Litigation Attorney serving San Antonio, TX
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Graves Law Firm
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It's not a criminal offense to test positive for the pot metabolite on a drug test. Having the stuff in your system doesn't mean you were under its influence at the time you were stopped. You'll be making a mistake if you plead guilty to anything without legal counsel. Hire a lawyer, or if you can't pay ask for a court appointed lawyer.
Answered on Oct 26th, 2012 at 11:14 PM
3 Awards
Do not plead guilty. I know these tests and results - lets talk.
Answered on Oct 26th, 2012 at 11:14 PM
Steven D. Dunnings
Hire an attorney
Answered on Oct 26th, 2012 at 11:13 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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The answer is yes.
Answered on Oct 26th, 2012 at 11:08 PM