The police say I’ve been doing drugs and driving. What are my rights?
Question & AnswerThe police say I’ve been doing drugs and driving. What are my rights?
If the police think you've been taking drugs and driving within 3 hours of the drug use, they can demand that you do a roadside Standardized Field Sobriety Test. For example, you may be asked to stand on one leg or walk in a straight line. This test checks whether your ability to drive has been by drug use.
You don't have the right to talk to a lawyer before taking the Standardized Field Sobriety Test. You don't have the right to refuse a Standardized Field Sobriety Test.
If you fail the Standardized Field Sobriety Test, the police can demand that you go to the police station for drug evaluation tests.
The government has approved a saliva collection kit and reader to test your saliva for cocaine and cannabis. These devices are not yet available. Once available, the police will be allowed to demand that you give a saliva sample if they think you're impaired by cannabis during a lawful road stop.
If you refuse any of the tests, you can be charged with a criminal for with a police demand.