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Will i face jail if cocaine is found in my blood test? i was never arrested before for dui or drugs/drug possession
Anonymous2 views5 answers
the officer who pulled me over for cutting off someone did not have a breathalyzer and even after passing the sober tests he took me to the station for a blood test (i wont pass that one for sure and its very likely above 0.08) . i'm worried now that they might find cocaine too and as a consequence i have to face jail. i was in rehab and sober living and working on my sobriety but i slipped about 3-4 days before i got arrested.
i moved to mississippi to work again on my sobriety. i have to go back to CA in three weeks for court.
Having cocaine or other control substances found in your blood as a result of a DUI test this does not necessarily mean you'll be charged with possession of cocaine.
The prosecutor must prove that you were driving or an actual physical patrol motor vehicle plus under the influence of alcohol or a controlled substance to the extent your normal faculties are in paired in order to obtain a DUI conviction. That being said they can use alcohol plus the existence of cocaine to prove that you were potentially impaired while driving a motor vehicle.
It's been my experience that a DUI with controlled substances is not generally result in a higher sentence or stiffer penalties as opposed to one that is solely of all related.
You can't be charged for possession of a drug for which the only evidence is a test showing it's in your system. However, they might use it to add an alternate count to your DUI charges, that is, driving while under the influence of an intoxicating/controlled substance.
You won't face jail when you go to your arraignment simply because a blood test comes back positive for cocaine. If you are on probation for another offense, however, the test results could put you in violation if you were ordered to obey all laws and/or refrain from using scheduled substances without a prescription.
Unless the officer suspected you were on drugs, they may not even test for cocaine. And I agree with my colleagues, even if they do, you will not get charged with possession. It won't help your DUI case, though.
If you can hire an attorney, you should. Your original court date may get rescheduled based upon delay in obtaining blood test results. There are seperate tests run for alcohol and drugs. The drug screening is not typically done unless the officer suspects drugs. If they check for drugs, you could potentially face charges for being under the influence of drugs and/or driving under the influence of alcohol and/or a drug. The final outcome depends on the charges and the plea. If the officer didn't suspect drugs, he is unikely to have made observations that would support an under the influence of drugs charge. Cocaine is normally considered to active in the system for less than one hour although it or the products of it's breakdown may remain in your system for up to 72 hours. The field is technical in terms of facts and defenses. Your best protection is to continue to work on your sobriety and be able, if necessary, to produce documentation establishing that you are doing that. Best wishes.
