Are Chemical Tests Automatically Administered After A DUI Arrest?
The officer has to have probable cause to ask you to take any chemical tests. They do not mess with you, but they have to in the judge’s eye, probable cause to believe you were driving under the influence. They have the ability to make you do the test, if they feel you are under the influence. In Illinois, there is breath, blood, and urine testing. You have to do all three if they ask you to. You might say, “What the hell. I took a breath test, I took a urine test, now you want me to take a blood test”. Well guess what, if you took those two, and you do not take the third, it still counts as a refusal, and you are still going to get the DUI. You are still going to have the ramifications of the suspension of your license for abusing to take the test.
In Illinois, it is still better to refuse to take the test, and not do any of the sobriety tests, but then you are giving up no ammunition for the judge to hang his head on, and that you are guilty other than driving. In Wisconsin, it is different. In Wisconsin, they have a grid on how you will be punished if you are found guilty under a DUI. They call it OWI (Operating While Intoxicated). The grid goes by the breathalyzer results, and it is a little different with marijuana, but still if you refuse, it is the worst on the sentencing grid.
For example, under DUI, it is up to 0.14% with a certain penalty, up to 0.20% with a penalty, and up to 0.25% with a certain penalty, and then refused. Therefore, if you refuse, you are automatically into the worst category. You receive immediate revocation of ten days, and it is horrible. Down here, it is quite different. You have forty-six days to contest it, and you are not blasted just because you refused, but they have to prove you are guilty beyond a reasonable doubt. With marijuana, a certain chemical level shows you are guilty with lab testing done. If you do not give them permission to do the lab test, how are they going to prove what was in your system. Even if you say, “Yes, I smoked”, and this is where you do not want to say anything.
It gives them probable cause to take a blood and urine test. Do not to admit to anything. If an officer pulls you over and he says, “Look, I want you to start doing some field sobriety tests”, you politely say, “Look, I haven’t done anything wrong. My attorney told me not to say anything I’ve done” and you will be arrested. That is the hardest part, because everybody has to think, “If I’m just polite to the police officer, maybe he’ll give me a break. I am so close to home and I am not that bad. If you have any doubt in your mind, you should not be taking a breath, blood, or urine test.
Everyone likes to minimize their drinking, and for some reason, whether they are a friend, a police officer, or anybody else, is going to be less judgmental of them if they have said, “I’ve just had a little”. The common answer to a DUI is “I’ve had two beers”. I have seen people blow at twenty-six, and said they had only two beers.
What Sort Of Defenses Do You Use In A Marijuana DUI Case?
You are to point out the things that are normal things in a marijuana DUI case, not those stupid sobriety tests that show no, of course you can do normal things. When an officer turns his lights on, and pulls you over, did you use your indicator correctly, did you hit the curb, or not, did you get out of the car all right, walk around okay, had an intelligent conversation, and went back to the police station with no issues to indicate you were under the influence? If you are in a squad car, and the person is drunk, the squad car will smell of alcoholic beverages for sure. However, back at the station, did you answer the questions coherently, did they make sense, and were they relevant? You want to point out all the normal things the suspect is doing, not just balancing a high wire act on an imaginary line. You need to show that your client acted within his rights showed no indication of under the influence.
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