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What Happens When Someone Is Pulled Over On Suspicion Of Being Under The Influence Of Drugs?


When someone is pulled over on suspicion of being under the influence of drugs, the officer will conduct regular field sobriety tests. Even if an officer doesn’t think that the individual is under the influence of alcohol, they will conduct these tests in order to rule out or gather evidence in support of impairment in general. Once the preliminary breath test (PBT) is conducted at the scene and shows that the person either has no alcohol in their system or an amount that is below the legal limit, the officer will call for a drug recognition officer. The drug recognition officer will go to the scene and conduct additional testing in order to determine whether or not the individual is under the influence of a controlled substance.

Are Standardized Field Sobriety Tests Typically Requested In Potential Drug DUI Cases?

Standardized field sobriety tests are typically requested in potential drug DUI cases in order to rule out alcohol impairment.

How And When Do Police Test For The Presence Of a Drug In Someone’s System?

Since there isn’t a breath test for controlled substances, the police will generally conduct a blood test at a hospital. Alternatively, an ambulance will be dispatched to the police station and an EMT will conduct the blood draw. Urine samples would be collected at the police station. Law enforcement needs to have a warrant signed by a judge to conduct these tests.

Do Police Test For Metabolites Or Active Compounds In The Case Of Marijuana-Related DUI?

In the case of suspected marijuana-related DUI, the police will test the individual for metabolites.

What Is A Drug Recognition Expert? What Kind Of Training Do They Have?

Drug recognition experts are police officers who have taken courses that address the side effects of drugs and the general presentation of those who are under the influence of drugs, such as shaking and certain speech patterns.

Can Someone Refuse To Take A Blood Test? What Are The Consequences?

If someone refuses to provide a blood or urine sample to the police, then the police can obtain a warrant. In Minnesota, the law does not allow the police to charge anyone with a refusal to take a test, if the refusal is for a blood or urine test.

How Reliable Are The Blood Tests Taken In Drug DUI Cases?

The blood tests are fairly reliable, but the amount of drug that’s present in one’s system may or may not help the defense’s case.

Should I Ever Admit To Taking Prescription Or Illegal Drugs In Front Of An Officer?

An individual should not admit to an officer that they have taken prescription or illegal drugs, because any admission could be used against them in the future. This is true even if they took a medication for which they have a prescription.

For more information on Drug DUI Cases In The State Of Minnesota, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (651) 314-9620 today.

Jennifer Congdon, Esq.

Call For A Free Consultation (651) 314-9620

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