DUI Drug Tests in DeKalb County

When a person is charged with DUI Drugs, they should expect the state to conduct several tests in order to find out their level of impairment and the substances in their system. However, defendants should do all they can to challenge the DUI drug tests in DeKalb County since they may be unreliable.

For more information regarding DUI Drug tests and how it relates to your case, schedule a consultation with one of our attorneys at Hawkins Spizman today to discuss your case in detail.

Tests That Could be Administered by Officers to Detect Drug Impairment

The most common tests that could be administered to detect drug impairment would be a blood test or a urinalysis. In some situations, the police officer may think that it might make sense to try to obtain a urinalysis because urine may show the presence of certain substances. The problem with urine tests are that some drugs are not quantifiable. Urine might show the metabolites of a specific drug, but it would be hard to quantify the levels that are in a person’s body.

Could a DUI Drug Test Detect Prescription Medications?

Yes.  DUI drug tests could detect substances that are not illegal, such as allergy medication. The bigger issue is therapeutic level. For example, if someone is prescribed Xanax and they take a Xanax and drive a car, the state test could detect the Xanax. It could also detect if someone took medicine that contains pseudo-ephedrine or methamphetamine.  If the drug is prescribed and is within a therapeutic level, it is less likely that it is causing impairment.  If the level of drugs in a person’s system exceeds therapeutic levels, it is more likely that the drug could be causing impairment.

Types of Drugs Commonly Seen in DUI Cases

The types of drugs that are most commonly implicated in DUI cases are marijuana and prescription medications. Out of all the drug DUIs cases that are made, about 70 percent or 80 percent are either prescription medication or marijuana.

How Long Does It Take to Get the Results of a DUI Drug Test?

It takes about 60 days to get the results of these tests. State tests, meaning the tests that would be done at a crime lab, would generally take about 60 days. If they draw blood, the test could also take about 60 days to get back.

Can I Refuse a Drug DUI Test?

It is possible to refuse a drug DUI test and any roadside tests as well. A driver always have a right to refuse these tests. Beware though – if a police officer obtains a search warrant to take their blood, it can be forcibly withdrawn without their consent. For roadside field sobriety tests, there are no real consequences for refusing to take any of those tests. Refusing to take a blood or urine test could result in a driver’s license suspension and could also result in their refusal being used against them at trial.

Accuracy of DUI Drug Tests

The roadside drug tests in DUI cases are quite inaccurate. There is too much human error and too much cause for outside factors. On the other hand, the chemical test and the blood test that occurs in the crime lab can be accurate drawn, transported, and tested properly. Law enforcement, however, rarely is able to accomplish all of these factors.  The GBI Crime Lab in Georgia is going to use the most common form of blood testing, GC-MS, which stands for Gas Chromotography-Mass Spectroscopy.

Get in Touch with a Legal Professional

Being charged with a DUI Drugs should merit immediate legal action. Defendants should retain the services of an experienced attorney who could begin building ways to challenge the evidence gathered by the prosecution. Doing so early could prove to be a massive benefit, especially when it comes to refuting the findings of DUI drug tests in DeKalb County.

If you have been charged, do not wait any longer. Reach out to one of our attorneys at Hawkins Spizman for legal advice today.


Hawkins Spizman

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