QUESTION
What does defer or detain for analysis mean and what is the legal limit?
Asked on Feb 25th, 2013 on DUI/DWI - California
More details to this question:
I was arrested for DUI and have set matter for trial. My PD asked for qualitative analysis of my blood sample. My DUI was for under influence of meth. Thank You!
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
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I don't know what that means unless he was asking to defer court until the analysis is complete. Talk to your public defender.
Answered on Mar 06th, 2013 at 12:29 AM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should discuss this with your attorney, he/she can explain what is happening in your specific case. That being said, most crime labs only conduct "presumptive" analysis which means that your blood offered values that were presumptive of meth use. Your attorney has asked for a more specific value, sometimes legal drugs will provide values when testing for illicit drugs is performed. There is no "legal" limit for an illegal drug AND even legally prescribed dosages, taken in compliance with the prescription can result in DUI charges, Ambian is drug that has caused many DUI arrests, prosecutions and (unfortunately) convictions for unsuspecting (otherwise law abiding) citizens.
Answered on Mar 04th, 2013 at 2:56 PM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
Partner at
Law Offices of Phil Hache
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Sounds like your attorney is getting a retest of the blood sample done to determine what substances were found in your blood. Often times, a split may include a quantitative analysis as well to determine how much of a substance is in the blood.
Answered on Feb 27th, 2013 at 8:33 PM
Geoffrey MacLaren Yaryan
There is no legal limit for drugs like there is for alcohol. The test is whether you were impaired and could not drive safely.
Answered on Feb 27th, 2013 at 7:59 PM