How is it Proven that Someone is High While Driving in CA?

How is it Proven that Someone is High While Driving in CA

How is it Proven that Someone is High While Driving in CA?

If you’re driving while under the influence of drugs or alcohol, there’s a good chance you’ll get caught. Either you’ll be driving too slowly or violate a local traffic law, or you’ll get into an accident. In both situations, the cops are going to be involved. If you’re involved in a crash, they’re going to do a thorough investigation of the accident scene. If you’re pulled over for suspicion of DUI, the cops will follow standard DUI protocol. They’ll inspect you to see if you appear drunk or high. They’ll probably ask you to do a field sobriety test. And, if they find any substances they think are drugs, they’re going to test them on the scene to see if they’re drugs. When this happens, start thinking about retaining a California defense attorney because you’re going to need one.

Cops are Trained to Detect When a Driver is Drunk or High

For some reason, a lot of our clients think they can fool the police. They either think they can convince the officers that they aren’t under the influence. Or they think they can control themselves to the point where they don’t come across as high or drunk. The truth is that police officers are specially trained to detect these things. They go to seminars and training programs to learn these things. They also have the benefit of years or decades of experience. But that doesn’t mean your California defense attorney won’t try to poke holes in their case.

The Officers May Ask to Search Your Vehicle

Whether the cops think you’re under the influence of drugs or alcohol, the cops will likely want to search your vehicle. They’ll ask for your consent. If the car is clean, you can always consent. However, if there are drugs in the car, you may not want to voluntarily allow them to search. If you refuse, they may or may not ask for a canine to come to the scene. If they alert for any reason, that will give the cops enough probably cause to search your car.

Anything in Plain Sight Can Be Used Against You

It’s also important that you understand that the police are allowed to seize anything in plain sight. If they see drug paraphernalia, they can confiscate it. The same is true for open containers, drugs, or any other illegal substance. All it takes is for one of the officers to see it in your car or on your person, and they have the right to take it. This will be considered evidence to use against you in court. What your California defense attorney will do is argue that the evidence was seized during an unlawful search. If that argument is successful, the evidence will have to be thrown out.

Your DUI Will Be Treated Like a Regular DUI

If the police can prove that you’re under the influence of drugs, they’ll arrest you for DUI. DUI cases are treated the same whether you’re arrested for drugs or drinking. The big difference is that there is no breathalyzer for drugs. Instead, the cops will ask for a warrant to do a urine test or draw blood. They’ll use this information to demonstrate that there are drugs in your system. Your California defense lawyer will argue that the drugs were in your system from hours or days prior to your arrest. Or they’ll show that the tests were wrong or inconclusive.

Retain the Services of an Experienced California Defense Attorney Immediately

The best thing to do is call and talk to one of our experienced California defense attorneys as soon as possible after your arrest. Things move quickly after your arrest, and you don’t want to be left alone. Let a skilled attorney help guide you through the entire process.