Can I get a DUI if I passed the breath test, but they found drugs in my system?

Question

I need to know if you are pulled over and  charged with a DUI however I passed all the sobriety tests and breathalyzer tests but they got a search warrant for my blood and my blood they found methamphetamine and they are trying to find me guilty for that. Is that possible even if it stays in your system for up to seventy two hours or can they prove I was under the influence at the time of the stop ?

Gregory Casale · Answer

Absolutely,  Operating under the influence of drugs is illegal.

Jared Altman · Answer

They can try to prosecute you but they may have some difficulties.

Dennis Roberts · Answer

Yes they can. Google"California Health and Safety Code" and look at 11550.

Robert Sisson · Answer

Yes.

Michael Palumbo · Answer

Yes.

Jules N. Fiani · Answer

Yes.

Mark R. Thiessen · Answer

Absolutely.  You can get a DWI on alcohol, drugs, prescription medication, over the counter meds, or any combination thereof.  You have what's known as a DRE DWI.  You need to hire an experienced DWI attorney to fight this.

Jacob P. Sartz · Answer

Only if a person is ultimately convicted or if they  plead guilty will they be sentenced.  Drug convictions stay on a  person's record for a very long time. Spending money or requesting a court-appointed  attorney is a good investment given the potential costs for a  conviction. Simply because a person is charged does that mean that ultimately, the prosecutor will prove the allegations beyond a reasonable doubt.

Thomas Tomko · Answer

Thank you for your inquiry Operating a vehicle while under the influence of a controlled substance is similar to an OWI involving alcohol.  The blood test in your case establishes the presence of the controlled substance.  This alone can give rise to certain charges.  Also, when you indicated that you passed all sobriety tests, there seems to be something missing.  There had to be probable cause for the officers to request and be ranted a warrant to draw blood.  Therefore, I believe that you should have your case reviewed by an attorney to discuss the details of your case and to determine what needs to be done to develop a defense.  If you are in need of an attorney, you may contact this office to arrange ana appointment.  I hope that this was helpful.

Craig Elhart · Answer

The law provides that it is a crime to drive a vehicle with any amount of a controlled substance in your system.  You should seek the help of an attorney in this matter.

Samuel H. Harrison · Answer

Under Georgia law, if you are driving with ANY methamphetamine or any other controlled substance for which you have no prescription you are considered DUI. It doesn't matter how well you were driving. If it's in your system, You're DUI.

Peter Duarte · Answer

you can be charged and found guilty of a dui, if you are under the influence of a drug and the drug impaired your driving. The jury will look at your driving pattern, field sobriety test, and the concentration of the drug evidence found in your blood.

Ruzanna Poghosyan · Answer

To prevail on DUI of drugs, the prosecution has to prove that you were "impaired" at the time of driving. Unlike DUI of alcohol, there is no such think as acceptable or measurable amount of BAC. Also, if you are charged with DUI of drugs, your passing of FST  (filed sobriety test)  or breathalyzer s irrelevant.

Stephen Freeborn · Answer

Absolutely.  The DUI statute reads . "driving under the influence of alcohol and/or drugs"  In addition, the .08 breath test is also  only one prong of the statute. ".o8 or above, or their driving is affected to an appreciable degree".   The statute allows for a breath test, especially id the arresting officer believes that you may be under the influence of some kind of drug (which apparently was the case).  A blood test revealed that you had meth in your system.  You are screwed unless you can get the blood test suppressed as evidence (highly unlikely).  I suggest that you retain the services of an attorney to work with you.

New User · Answer

Yes, you can still be charged with a dui. The DUI statute addresses both intoxicating liquor and drug. Your driving and other behaviours at and before as well as after the time of the police stop can be used to show that you were appreciably affected by alcohol or drugs.

Eric Sterkenburg · Answer

You can be found guilty of a DUI if you pass the breath test but during a blood test drugs that would impair you driving were found. The evidence against you would be the observations of the arresting officer and the results of the blood test. If this goes to trial one of the operations sworn to by the officer would be the condition of your eyes. It will help greatly if you have an attorney go over the facts of this incident with you.

James Lochead · Answer

They MUST prove you were under the influence of the drug at the time you were driving.  That is somewhat difficult for them if you passed the firld sobriety tests.  It is however possible to prove depending on the amount found in one's system.

Cindy L. Barton-Coombs · Answer

Yes, you can get a DUI for driving with drugs in your system. If the tests showed that you had meth in your system, you will have to show by the tests that you were not impaired. You will need an attorney to help you or an expert to testify that the level is so low and that what ever can be shown to prove that you were not impaired.

Thomas Mueller · Answer

It is possible to be convicted of DUI with no alchohol in your blood, because it  is illegal to drive under the influence of drugs, even Rx drugs. But it is  unlikely the D.A. will pursue a charge if the only suspected drug is Meth, especially if it had been ingested a day or two before. It would be too hard for  them to prove a case.

Eric Chandler · Answer

Yes, technically DUI is any operation of a motor vehicle while under the influence of alcohol *or* drugs.  DUI drugs cases are usually much more difficult for the State to prove, but you can still be prosecuted.

Jeff Yeh · Answer

They can charge you with VC 23152(a), but realize that drug DUI is very hard to prove, because it is hard to show the true quantity and how that impairs you. You should hire a DUI specialist to represent you in court. Prosecutors will never take you seriously otherwise.

Gabriel Dorman · Answer

Yes. You can absolutely get a DUI of drugs. In California the DUI laws refer to both alcohol and/or drugs. Now, in general, a DUI involving drugs are generally more difficult to prove in large part because drugs often stay in the system and, therefore, it is hard to scientifically prove if a person was actually under the influence to the extent that their ability to operate a vehicle was impaired. In any case, you can be charged and you should hire an experienced DUI lawyer to fully evaluate your case and defend you.

Shannon Locke · Answer

Yes, you can be charged based on the information you have provided.    However, special issues exist and the State will have to prove that the   drugs were influencing you.  You need to hire a lawyer who has argued these   cases to judges and in front of juries.  Good luck

Jared Austin · Answer

If you have drugs in your system that is enough to be charged with a DUI-like crime. However, if you passed the PBTs and FSTs you may be able to claim that they had no probable cause to ask for a warrant. Given the limited information you have listed, it is impossible to say, but it is a possibility and is one that should always be looked into. It could very well mean the case getting severely reduced or dismissed. Have an experienced DUI attorney review the police report and the warrant for any deficiencies.

Daniel Kieth Martin · Answer

Yes you can get a DUI. It is called DUI because it is Driving Under the Influence, the part they don't say is 'of drugs or alcohol' There are two counts that are always charged when a person gets a DUI, 23152 (a) and 23152 (b). One is for having a blood alcohol level above .08%, the other charge is driving under the influence of drugs or alcohol so that your driving is impaired. You can be convicted of the second one if the level of drugs in your system were high enough that an expert will say that you were impaired.

Carina Laguzzi · Answer

The short answer is yes because the Court will take into consideration evidence (by the way of testimony) from the officer who will discuss what they observed and why they thought you were under the influence.  Hire an experienced criminal defense attorney.

Matthew Murillo · Answer

A DUI charge comes on suspicion of driving under the influence of alcohol AND/OR drugs.  Not one or the other.  So, yes.  If your are suspected of driving under the influence of drugs, you can be charged with a DUI. HOWEVER, that DOES NOT necessarily mean that you can be convicted of that. Depending on the amount that came up in your system, you may be able to have an expert witness testify to whether or not that amount is sufficient to impair you, based on when it was first ingested.  In order to do that, you would likely need to take your case to trial.  If you have an attorney, you should discuss this with them.  If you have a public defender, this question and the subsequent discussion should be directed at them.  Good luck!

Todd Landgren · Answer

Cops are much more agressive about DUI drugs these days. Most assuredly you can be charged, bigger question is can it be proven. Quantity of drug IN system is important, driving and field tests are considered by prosecutor. I expect, if cop formed the opinion you were DUI drugs, that charges will be filed. I've lectured nationally on DUI drugs, be glad to talk with you if in the LA or Orange County area. You NEED a specialist on these types of cases!

Jason Savela · Answer

There are several different avenues to fight this evidence and case.    There is even some evidence to suggest that meth helps people drive better, in small doses.    We need to find out what they found in your blood and what science they are using to let us know your level of intoxication at the time of driving.  Usually, they overstate it all.  DRE is fiction.    Also, we could challenge the search warrant.

Stephen Dempsey · Answer

Yes. DUI is driving under the influence which means any intoxicating substance that disables your ability to drive. This can include prescription medications.

Jonathan Dichter · Answer

A Drug DUI is a very interesting case. Sometimes you CAN be found guilty based on your driving alone. However - what you truly need is a skilled DUI attorney.

Michael J. Breczinski · Answer

Some drugs are zero tolerance and it is illegal to have anything in the system. There are a few reasons why you could test positve for something like meth that it might be because of a prescription and then the issue is were you under the influence. Yes they can try to convict you.

Leonard Harden · Answer

It is possible to be charged, and be convicted.  You should consult with a DWI lawyer with experience handling DWI drug cases.  The state will bring in a so called expert to say you were under influence.

Timothy Klisz · Answer

They will certainly try. DUI is trending upwards and most prosecutors treat them very seriously. The law only requires possession in your system, regardless of driving. I would recommend hiring a local, experienced attorney to assist you with this matter.

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Can I get a DUI if I passed the breath test, but they found drugs in my system?

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