help..blood test for DUI

[cthompson05]

What is the name of your state (only U.S. law)? = california

Hello,
Ive got a bit of a dilemma. The other night I was driving pretty poorly, my head wasn't too straight due to consumption of benzodiazepines the previous day and early morning (xanax). (this incident happened later at night). I sideswiped 4 cars then left the scene to find a spot to park. When I returned there were about 6 cops around my car claming i had hit and run, it was a pretty big deal. They took me and did a sobriety test, which I most likely failed due to being pretty nervous and hungover (shaky and scared). They arrested me and took me in, and conducted a blood test. I did not admit to any drug use..I only stated that I had a beer some time back. In reality, I had consumed about 8 mgs of alprozolam (xanax) the previous day, and my memories are pretty hazy as to how much alcohol I consumed, but I'm pretty positive that my BAC level at the time was legal. I have really really fast metabolism though. Im being charged with a DUI and hit and run, even though I returned to the scene. Do you think the blood test will show the benzos? And if so, is that gonna get me busted or is there a way I can get out of it? thank you

 

[CdwJava]

Hello,
Ive got a bit of a dilemma. The other night I was driving pretty poorly, my head wasn't too straight due to consumption of benzodiazepines the previous day and early morning (xanax).

We call that DUI in California. It is against the law to drive while impaired on drugs OR alcohol - even if the drugs are prescribed.

Do you think the blood test will show the benzos?

Possibly.

And if so, is that gonna get me busted or is there a way I can get out of it? thank you

Hire a good attorney.

- Carl

 

[cthompson05]

thanks for your response

I recieved me blood test results, and I scored only a .1 percent. as for drugs, it showed nothing, Im not even sure if they tested for drugs. Now heres a question...If I wouldve done the breathalizer I certainly would've scored under .08. (the blood test ensued only moments after arrest, as the police substation was only down the block) But the cops didn't allow me the decision...are we entitled to that decision or is it out of our hands?

 

[CdwJava]

thanks for your response

I recieved me blood test results, and I scored only a .1 percent. as for drugs, it showed nothing, Im not even sure if they tested for drugs. Now heres a question...If I wouldve done the breathalizer I certainly would've scored under .08. (the blood test ensued only moments after arrest, as the police substation was only down the block) But the cops didn't allow me the decision...are we entitled to that decision or is it out of our hands?

If they suspected drugs, they can mandate the blood test.

Consult legal counsel ... this looks bad for you.

- Carl