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Where and how my daughter can get the blood/urine tests results after been arrested for drug DUI ?
Anonymous3 views5 answers
My 18 years daughter was stopped at 2 am for speeding (100 m/h in 75 m/h zone, freeway) coming back from disco club where she took MDMA (ecstasy) around 9 pm (one dose). It was another 4 girls in the car. For the policemen question "When the last time she took ecstasy (now I understand it was provocative question, just to see girls reactions) she answered: "5 hours ago" and one other girl answered the same. Of course arrest for DUI, urine and blood test, bla, bla, bla.... Absolutely no alcohol been involved. And it was my daughter first stop for speeding (she has only two parking ticket for her entire driving career). So the question is, how and where she can get the results of her blood/urine tests to be able to prove in court that her driving ability was not impaired by this drug ?
As frustrating as it is, you won't be able to get the full test results until the criminal arraignment in court. Depending on the county she was arrested in, the only available results may be the ultimate test result with none of the underlying data. It may take some time to get the full discovery. When it comes to DUI drugs, there is some good news. The DMV will not automatically suspend her license for anything other than alcohol. However they may Initiate a medical suspension for drug addiction if the officer reported that to the DMV. When it comes to the criminal case, it's very difficult for the prosecution to prove the effect of drugs on driving. There is no "bright line" such as with alcohol and the .08% limit. Look for attorneys who are experts in DUI, and ask for a free consultation. Based on the fact that no alcohol was involved, and the drugs were taken much earlier in time, your daughter has some good facts to work with. Your daughter should fight this case. She will be much better off doing everything she can to keep her record clean. I wish you the best of luck.
Once you co to court her Attorney can order a split of her blood.urine sample for independent testing. Given the situation I highly recommend getting her Counsel immediately.
The answer depends on the location. Some police agencies post the results on-line after a few days and other agencies take months. Best thing to do is consult with a local DUI defense attorney. It is a bad situation... don't let it get worse.
They results can come from either 1) the discovery provided by the DMV for the APS hearing, or 2) from the DA at your daughter's arraignment. Alternatively, if you hire an attorney, he/she may also be able to get the materials prior to any court dates. Your daughter was arrested for a drug DUI - this is a very serious case for numerous reasons. The sooner you get an attorney, the better. I handle matters in Contra Costa county - feel free to contact me if you would like to discuss her case further (initial consultations are always free).
