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?
2. Go to the police station for drug tests
At the police station, a certified drug recognition expert will do some more tests. This includes physical co-ordination exercises similar to the Standardized Field Sobriety Tests. This also includes things like your:
- blood pressure
- oral body temperature
- pupil size in different lighting conditions
The expert will look at all of the test results. If the expert finds that you're by a specific drug, the expert will identify the type of drug and you'll be charged with impaired driving. The expert can order you to give a blood, urine, or saliva sample to confirm the presence of that drug.
Refusing to do drug evaluation tests is a criminal . If you refuse to do the test, you will be charged with refusing to comply with a police demand. A court will decide whether you had a reasonable excuse for refusing. It's hard to show a reasonable excuse.
If you're found guilty of refusing to comply with a police demand, you will be sentenced to a minimum $2000 fine and a 1 year driving for a first offence. A second offence has a minimum punishment of 30 days in jail.
So, if the police ask for a drug evaluation tests, it's best to do the test.
You have the right to talk to a lawyer before doing drug evaluation tests at the police station. And you have the right to remain silent if the police ask you questions.