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FeelingScrewed

ok so a good friend of mine got stopped for a DUI last night. she didnt agree to a breathalizer so they did a blood test, and they told her that she can expect her results in 18-22 days. she had smoked with me the day before, and she smokes occasionally otherwise. first, are they doing a five-drug test, and if so, if small amounts of THC show up can that be possession?? or even count as a DUID? or is she only facing whatever charges the level of her alcohol (hope to god its low) brings her?? i know alcohol is a little off topic, but she is really concerned for good reason and i just know that there is a wealth of information here with all the great members. Thanks.

 

troublemaker_42

Usually, the arrest is for "Driving under the Influence" and that, at least in South Dakota, includes both alcohol and drugs. Unless being arrested for possession or whatnot, a positive drug test shouldn't result in any additional charges

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shibshib

I know for pee tests birth control will sometimes cause a false-positive... I wonder if it is the same for blood.

phuzz01

She probably cannot be charged with possession based on a positive blood test alone. However, any drugs in her system can be used as evidence of impairment in the DUI case, in addition to the alcohol.

troublemaker_42

While that is very true in most jurisdictions, SD does have an "internal possession" law which basically states a positive drug test is "proof enough" of possession. In most cases, that is only used for "hard" drugs like meth and cocane. However, a positive pee test in SD will almost ALWAYS earn one a misd. charge of "Injesting a substance other than alcohol for the purpose of becoming intoxicated". In reality, that law COULD be applied to any of the OTC items people use recreationally, like DXM, Salvia, or basically ANYTHING that can "mess you up" or cause you to "become intoxicated"

 

phuzz01

Fair enough.

FeelingScrewed

well i will let you know how this all ends for her. she only had four drinks that night, and there was a 2.5 hour period of time between her last drink and the time in which the blood test was administered, so i think she will fall in the "DWI" category, but she is female and you really never know how fast someone will metabolize alcohol. I sure hope it is below that magic .08 number, for her sake.

Andrew87

Doesn't she lose her license anyways for refusing the breathalyzer?

Trocisp

That's a state-by-state thing, really.

FeelingScrewed

Not in CO, no. you have the option to turn down the roadside test, but you are basically accepting arrest and agreeing to a blood test. She is still waiting to hear more. They said it could be up to three weeks, but i just don't see it taking that long. I expect to hear something in the next couple days. Sure wish she had made a more responsible decision and just stay out of this predicament entirely.