Hampton Roads DUI Drug Testing
Law enforcement takes driving under the influence of drug situations seriously as they work hard to keep the roads clear from impaired drivers. When an officer believes a driver is impaired, they will pull them over and administer some type of DUI drug testing. This may be a blood test that can confirm whether or not the driver had any substances in their system. If you have been arrested for a DUI drug charge, contact an attorney who is knowledgeable about Hampton Roads DUI drug testing. An experienced DUI drug attorney will know how to investigate your case and which defense strategies to use that could result in a favorable outcome for you.
Accuracy of Tests
Most of the time, Hampton Roads DUI drug testing results are accurate and effective. Some places can receive results from the test very quickly. However, some tests take months to get back the results. If it was a blood draw, then there will be some sort of chemical analysis that the State Forensics Lab is required to perform and that can take up to 90 days or more to get the results back.
Certain substances may give false results. For instance, some energy drinks may test positive for cocaine or for other narcotics. This means that some of the field tests that officers perform may come back with inaccurate results. A further chemical analysis may reveal the true nature of the substance.
Testing for Legal and Illegal Substances
There are many legal substances that may have ingredients in it that could be considered illegal. For example, there are some allergy medications that can show up in someone’s bloodstream after a test. A test may reveal that someone had a substance in their system when it was just the prescribed medication that the driver needs to take. There are also everyday items that can trigger false positives like as mentioned above, such as certain energy drinks that have stimulants in them.
Common Drugs Associated with DUI Cases
The most common drugs implicated in DUI cases are marijuana and cocaine. Prescription drugs like Xanax or Zoloft are also commonly seen in drug-related DUI cases. With these types of prescription drugs, people have access to the drugs through their own prescriptions or other people’s prescriptions. If it is determined after Hampton Roads DUI drug testing that the driver was under the influence of these drugs, then they will be arrested accordingly.
Implied Consent
A person can refuse to take the usual tests requested by the police if they are stopped for a possible DUI, however, under Virginia law, if a person is operating a vehicle on a public roadway, then they are deemed to give their consent to provide any test pursuant to a valid arrest. Should a person fail to provide a sample, they could be charged with the refusal, which is a separate charge from the DUI.
For more information about implied consent and Hampton Roads DUI drug testing, consult with a seasoned and dedicated criminal defense attorney.