A police stop for driving under the influence of drugs (DUID) begins like
many other traffic-related encounters. An officer will signal for a driver
to pull over, approach the window, and begin asking questions to determine
if a driver is drugged. While testing methods for alcohol such as breathalyzers
are typically well known, many people may not know that the police can
also conduct roadside tests for other substances. Below, our blog looks
at three of the main methods used by police during a traffic stop.
Methods police use to determine if a driver is guilty of DUID can include:
Observations: Many accusations of DUI and DUID are based on an officer's observations.
Erratic driving, speeding, failing to stop, and the smell of alcohol or
drugs can all be used by an officer to support an accusation of drugged
driving. Furthermore, it is likely that an officer will ask questions
about your business that day. Any information that is freely given may
be used against you in court. Unless you are stopped at a checkpoint,
the observation of suspicious behavior was likely why you were pulled
over. As such, it is important to remember that law enforcement may suspect
you of DUID from the moment they see your car.
Field sobriety tests: If an officer suspects that you are driving under the influence, you
may be asked to take a roadside sobriety test. The three standard test
are the one leg stand, walk and turn, and horizontal nystagmus gaze. During
each test, an officer will watch for signs of intoxication and inebriation.
It is important to note that all three of the tests mentioned above are
completely voluntary and drivers are not required to participate.
Saliva drug swab tests: California has recently ramped up its efforts to combat drugged driving
by approving the use of swab tests on drivers accused of DUID. The process
takes only a few minutes and can detect substances such as marijuana,
cocaine, and heroine. While you can refuse to take chemical tests, doing
so can result in the suspension of your license. Unlike with breathalyzers,
the test does not determine intoxication. Additionally, the use of saliva
drug tests as evidence in the courtroom is still highly controversial.
Request a No-Cost Case Evaluation with Our Firm Today
If you or someone you know has been arrested for driving while under the
influence of drugs, do not waste any time in contacting Campbell Whitten.
The evidence used in DUID cases may not always hold up in court and our
Bakersfield DUI attorneys know where to find the holes in the case against you. Did an officer have
probable cause? Was an unlawful search conducted? Despite what law enforcement
may have you believe, it is possible to overcome the charges you face.
Call (661) 735-1038 and get your questions answered in an initial consultation.