Interviewer: What are the most common drugs that you run into that generate DUI cases?
Dale:: Marijuana, benzodiazepans, which are sleeping pills, such as Lunesta.
Interviewer: Even sleeping pills can cause impairment?
Dale:: With improper usage, yes. People take them before they get home because it takes some time for the pill to take effect. The person could be delayed on their way home and sometimes they even fall asleep at an while driving. This is also true for anti-anxiety drugs and marijuana.
Interviewer: What percentage of cases are you seeing that are drug-related DUI cases?
Dale:: I would say probably 25%. In general, police officers do not like to have people undergo urine tests or blood tests because the results take time to obtain. You have to go to a hospital. You have to get a blood draw kit. This time takes the officer off the road for probably two to three hours longer than if they had administered regular breath test.
If an officer has reason to believe if you’re impaired they will administer the preliminary breathdevice or the Intoxilyzer 8000. If the level indicates a zero, the officers may continue to search for a way to prove that you are impaired. Most likely, this would result in being asked to undergo a blood or urine test
I’ve had clients who have been in this scenario. In fact on the breath test did not indicate any impairment so they had to submit to a urine test or a blood test. Under the law, you have to undergo all those tests. If you refuse one of them it is considered a refusal, which has enhanced penalties.