When does the Orange County Crime Lab blood test for drugs?

Criminal Defense 3 views 5 answers
In a blood test, if BAC level comes back .07, does the Orange County Crime Lab test it for drugs automatically? Suspicious of DUI alcohol only at the time arrest, no questions of drugs from arresting officer.

Attorney Answers

5
Jay Finnecy ·
Nothing is definite, but if there's no suspicion of drugs, they probably wouldn't test for them. .07%, however, does not mean you're out of the woods. You still could be charged and convicted of VC23152(a) and even (b) depending on the "facts" of your case. Retain counsel.
0 upvotes
John Kaman ·
Mr. Finnecy is correct. If the police report checked alcohol only as opposed to alcohol and drugs, the lab will only test for alcohol.
0 upvotes
Michael Jon FremontDUI / DWI AttorneySan Diego, CA ·
Generally labs will do a drug screen if the alcohol level is below 08. What was the pas number? Charges may still be filed even if alcohol under 08.Consult an attorney in your area
0 upvotes
Mark Andrew Nickel Jr.Family Law AttorneyYorkville, IL ·
Drug labs prefer to test urine for drugs and typically do not test blood unless specifically requested. If your BAC comes back under the limit it will probably be up to the prosecutor to request additional testing. As the other attorneys indicated, a blow under 0.08 does not necessarily mean you cannot be prosecuted for DUI.
0 upvotes
Scott Heitmann ·
Orange county crime lab will ALWAYS check for drugs when BAC is real low (.00-.04, or so) thinking "they were on something" .07 sometimes not as people can be "under the influence" at that level and it costs $ to check. I agree with previous comments, call an attorney direct for more.
0 upvotes

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