The Difficulty With Testing Drivers For Impairment By Weed
There are several problems with the issue of charging someone with a DUI for impairment by weed, including:
- The active ingredient of cannabis can remain in the system for days or weeks, making it difficult to discern if the driver is actually impaired while driving or simply used marijuana at some point recently.
- The chemical tests used to detect marijuana are unable to show when the driver used the drug, and certain CBD products can result in false positives.
When you are stopped on suspicion of marijuana DUI, you will likely be given an option of a breath or blood test. While most drivers choose a breath test as it is less invasive, if an officer suspects that your impairment is the result of marijuana, you will likely be asked to submit to a blood test, as well.
While you can legally refuse to submit to a field sobriety test, you face an automatic one-year suspension of your license, even if you are not subsequently convicted of a DUI. Be aware that when you obtained your California drivers license, you agreed to submit to these tests if asked by an officer.
Prosecutor Use Of Retrograde Extrapolation
Prosecutors rely on expert testimony from toxicologists that are tasked with estimating your BAC at the time of driving. Often times, the chemical test is taken several hours after the alleged time of driving.
The prosecutor must prove what your BAC was at the time of driving, rather than just at the time of the test and they do this by having their expert calculate your BAC based on the time of your last drink. Prosecutorial experts will typically use retrograde extrapolation for this calculation.
How A Lawyer Can Help If You Have Been Charged With Marijuana Dui
Our legal team can help you understand the charges against you, investigate your case to help you develop the best defense strategy for your particular situation, and advocate for your case to be dismissed or you to receive lighter consequences and reduced charges through a plea bargain. Contact us for a consultation today.
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What To Do If You Or A Loved Are Arrested For Dui Or Possession
If you or someone you know have been arrested for or , you will need a criminal defense attorney. Do not say anything without first talking to a lawyer. In your Miranda Warning the police officer read to you, he said, You have a right to remain silent you have a right to an attorney, if you cannot afford one Use both of those rights immediately.
The Matthew Lopez Law team is one of the finest in Arizona. Call in Tempe, in Lake Havasu City, or the closest to your location. Either office will be able to put you in contact with an attorney or send an attorney to the police station. Then sit tight and wait, without talking to anyone. That includes the person they put you in a cell with, do not speak to anyone until you speak with an attorney. This may seem a little melodramatic but you really do not know who that person is or why they are there.
If it is one of your friends or family members who was arrested, then you can fill out our convenient online and someone from Matthew Lopez Law will send a reply to you. Then, let your friend know help is on the way and they should sit tight and exercise their right to remain silent it is genuinely the best thing they can do to help their defense attorney.
How Do I Defend Against A Driving Under The Influence Charge
You should hire a top criminal defense attorney to use effective defense techniques. It may be possible for a Connecticut DUI lawyer to:
- Raise serious questions about the constitutionality of the initial traffic stop and subsequent searches
- Question the accuracy of blood, breath or urine testing methods and reporting
- Introduce doubt as to evidence handling methods employed by law enforcement
- Present evidence about the defendants medical status which may call sobriety test results into serious question
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Other Evidence That Can Be Used To Convict You
Police officers are not required to perform a chemical test on someone they suspect has been driving under the influence of weed. However, you can request a chemical test if you want the test to prove you havent used marijuana. Other evidence that the officer can use to show that you were under the influence includes:
- The smell of weed in your vehicle
- The presence of open marijuana containers or paraphernalia
- The officer observed signs of impairment, such as an inability to maintain lane control, but your breath test came back negative for alcohol
What Is The Admonishment
The officer must clearly explain the following:
- The chemical test is required by law
- Available tests have been offered to you
- Refusal to take a chemical test or failure to complete a test will result in the following consequences
- A one year license suspension, or
- A two year license revocation with a prior DUI conviction
- A three year license revocation with two or more prior DUI or wet reckless convictions
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What Happens If The Officer Failed To Admonish You Properly
If the officer neglected to read the admonishments as required under law, your license should survive suspension. Alternatively, if the officer gave you the incorrect time period for your license suspension it may be reduced to a lower time period if that was the time period that the officer admonished you with11.
Repeat Offender Duis / Dwis Second Time And Third Time Offenders & Home Confinement
Connecticut criminal law imposes enhanced penalties on drivers who have prior DUI / DWI convictions. Both second-time and third-time convictions for DUI/DWI result in mandatory minimum jail sentences120 days for a second time conviction, and 1 year for a third-time conviction. The fines increase as well. While Connecticuts home confinement program offers an alternative to incarceration, eligibility for this program is tricky. If you are interested in the Connecticut Department of Corrections home confinement program in connection with your DUI/DWI case, then you should call the Mark Sherman Law DUI/DWI lawyers as soon as possible to discuss how to optimize your chances of getting into this program.
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What Law Covers Connecticut Dui
As is true in most, if not all, American jurisdictions, operating a vehicle in Connecticut while under the influence of drugs and/or alcohol represents a serious criminal act. As provided by Conn. Gen. Stat. Ann. §14-227a, when a drivers blood alcohol content is 0.08 percent or higher, operation while intoxicated is said to have occurred.
Faq: Can I Be A Cop With A Felony Arrest
The requirements to become a police officer is pretty strict forward nationwide. You cannot have been convicted of a felony, you cannot have been dishonorable discharged from the military, and you cannot have been convicted of domestic battery.
If you have any of the three that Ive just mentioned, you will be disqualified from the selection process PERIOD.
I get all of sorts of emails regarding past indiscretion of people who want to go into law enforcement. One of the more popular questions are about past drug use. Many local police agencies are pretty lax when it comes to past drug use.
Unless you are a serial drug user, or youve used two months before you submitted your application you wont get canned. However there are some agencies that wont let you continue if youve used narcotics within the past 2 years so it really depends on the agency.
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What Happens If You Agree To The Breath Or Blood Test
Obviously, the results of a breath or blood test could be the strongest evidence police or prosecutors may have against you in a DUI case. If you agree to participate in chemical testing and the results are above .08% alcohol concentration, the officer will report the results to the Motor vehicle Division. The officer will also serve you with a Notice of Admin Per Se Suspension. However, the suspension will be for ninety days as opposed to one year following a refusal. Additionally, if you have no prior DUI history, you will be eligible for a restricted work permit after the first thirty days of the suspension are served. Finally, your driving privileges won’t be re-suspended if you are ultimately convicted of a DUI as long as this is your first offense.
Arrest Detention And Release
If police determine there’s probable cause to arrest you for driving under the influence, you’ll likely be cuffed and taken to the local jail or police station. When police arrest for a DUI, they typically take your driver’s license and give you a temporary paper driving permit. The temporary permit is normally effective until the court or department of motor vehicles makes a decision on whether to suspend your license. At the jail or police station, police will book and cite you for the offense. You’ll normally stay in jail until someone bails you out or a judge releases you on your “own recognizance.” If you were arrested on a Friday, and not bailed out, you might have to spend the entire weekend in jail. The good news is that you’ll get credit against any future sentence imposed for time you’ve already spent in jail.
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False Or Incomplete Application Information
As with any type of job, its important for potential employees to be as honest and forthcoming as possible on their applications. False or incomplete information on an application or resume raises a few red flags for employers, who will likely wonder what their candidate is hiding. Honesty and integrity are vital in the criminal justice field, so police agencies keep an eye out for anyone who doesnt follow these principles throughout the application process.
Its important for police agencies to keep an eye out for these incidents and behaviors throughout the hiring process. By enlisting the help of a professional background screening company, agencies can ensure that every member of their force is committed to upholding both the law and its values. PSI Background Screening helps agencies, companies, and other employers hire the best candidates for their teams, thus creating a safer and more successful workforce, no matter what field theyre in.
Will My Application To Be A Constabulary Employee Be Rejected If I Have A Conviction
Not necessarily. Applicants with serious proven charges relating to specific drugs, dishonesty, violence, and sexual crimes, or recent, or multiple drink driving convictions are not eligible to join NZ Police. Applicants with less serious or one-off historic, convictions are considered on a case-by-case basis. As part of the selection process thorough background checks are conducted.
Every applicant is assessed according to his or her own merit.
Because of NZ Police’s commitment to reducing trauma on our roads, we need to set an example and will not recruit people for police officer positions if they have recent or multiple drink driving convictions.
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Connecticut Work & School Permit Applications
During any suspension of your drivers license for a Connecticut DUI / DWI, you may be eligible for a work or school drivers permit, which allows you to drive only to and from work, college or graduate school. For a link to the work permit application, . For a link to the higher education permit application,
Increasing Severity For Additional Offenses
A first offense DUI is generally charged as a misdemeanor that can involve up to six months in jail, a fine of up to $1,000, drivers license suspension for up to six months, and informal probation of up to five years. These penalties increase in severity with subsequent convictions within the ten-year lookback window that California applies to DUIs.
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Possible Defenses In A Marijuana Dui Case
Because the chemical tests are so unreliable, there are generally several possible defenses in a marijuana DUI case. Your attorney will provide guidance and assist you in developing the best strategy for your situation. Some possible defenses that are commonly used in this type of case include:
- No impairment. You were not impaired at the time of your arrest and the chemical test either did not reveal the presence of marijuana or revealed THC metabolites in your system from past use or use of a CBD product that contained trace levels of THC.
- An unlawful arrest or improper investigatory procedures. Your attorney will look carefully at the circumstances of your arrest and the investigation to ensure that proper protocols were followed because if they arent, the case can be dismissed even in the presence of a positive chemical test.
- Flawed equipment. Your attorney will also check to see if the equipment used to perform your chemical test was properly calibrated and used according to directions.
It should be noted that the ability to legally possess and use marijuana is not a defense against a marijuana DUI charge, just as the ability to legally possess and use alcohol is not a defense against DUI. You also cannot present the defense that being high was only partly to blame for your impairment.
How Does Someone Invoke Miranda Rights
No special words are required in order to invoke Miranda rights. But they must be stated clearly and affirmatively. For instance, someone might say, I am invoking my right to remain silent or I want to speak to a lawyer. Simply remaining silent is not enough. 13
If a driver remains silent without invoking his/her rights, the refusal to answer questions can be introduced as evidence of guilt.
But once a driver invokes the right to remain silent the choice cannot be used against him/her. That choice is at the heart of the Fifth Amendments protection against self-incrimination.
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Colorado Dui Frequently Asked Questions
Q: The police officer didn’t read me my Miranda rights. Will I win my case?Generally speaking, no. But you could win your case because of this. When the officer first pulls you over, he can ask you questions without giving you your rights. But once you are handcuffed he must read you your rights if he is going to ask you any more questions. But keep in mind, Miranda rights only apply to your statements. They do not prevent the officer from testifying against you about his observations. If you made incriminating statements after you are formally arrested, your defense attorney may be able to have those statements suppressed.
Q: Do I have the right to challenge my license suspension?Yes. You may request a hearing on your license suspension by taking your notice of revocation to the DMV. If you request a hearing, you’ll be given a temporary permit that will allow you to drive until the date of the hearing.
Q: Is it mandatory that I do the roadside tests?No. These field sobriety tests are voluntary. The officer may not tell you this. He or she may instruct you to get out of the car and tell you to start doing the tests. You have a right to decline them, however, and should. You do not have to offer an explanation, and should not make any statements other than that you are politely declining to take the tests.
Q: How many points can I get on my license before I get suspended?The answer will depend on your age:
16 to 17 years old:
You will be suspended if you get:
Can You Become A Cop With A Dui Conviction On Your Record
All law enforcement applicants must pass a background check prior to becoming a police officer. However, a prior DUI conviction won’t necessarily preclude an applicant from becoming an officer.
Some police departments have particularly strict policies against hiring officers with prior DUI convictions. However, most police departments are more concerned with applicants who have serious criminal convictions and convictions for crimes that reflect badly on the applicant’s trustworthiness or moral character. Many police departments won’t employ officers who have felony convictions, including felony DUIs. But policies related to misdemeanor DUI convictions normally require only that applicants be free of any DUI or license suspension incidents for at least a few years.
More recently, many departments have become more lenient about applicant’s histories and instead of having bright-line rules, consider each applicant’s history on a case-by-case basis.
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Insurance Consequences & Your Carriers Investigation
Finally, there are various automobile insurance consequences that go hand-in-hand with a DUI arrest or conviction. Obviously, the suspension of your drivers license is reported to the DMV and is flagged on your driving record. Insurance companies will frequently review these DMV driving history records when renewing policies, so if theres an opportunity to get your drivers license suspension overturned, then it is worth a phone call to a top Connecticut DUI attorney.
Also, when there is an accident at a DUI/DWI arrest crime scene, investigators working for your insurance company and the insurance company of the other vehicles involved will call you within 24 to 48 hours to get a recorded statement. Their job is to find out what happened, determine whose at fault, and figure out if they should cover the property and personal injury damages. Remember any statement you make to them can be used against you in your criminal case, especially if it is recorded. However, if you refuse to provide your auto insurance carrier with any information, they could deny coverage altogether and you will be personally responsible for all the damages. Therefore, it is critical that you consult with a Connecticut DUI/DWI attorney to advise you on how to balance protecting yourself from making incriminating statements, with cooperating with your carrier adequately enough to trigger coverage for any damages caused by the accident.