West Palm Beach drug DUI tests are administered by officers to detect drug impairment. The tests are typically blood and/or urine tests. They can do some physical tests as well. However, the best tests they have and use as proof are scientific tests, medical tests, and toxicology tests of a person’s blood and/or urine. If you have been charged with a DUI drug offense and want to know what role drug tests may play in your case, consult a knowledgeable DUI drug lawyer today.
Tests Officers Use to Determine Drug Impairment
The same tests for alcohol impairment are used to determine whether a person is impaired by drugs. The sobriety test determines whether a person is impaired by alcohol or drugs. However, there are specific tests that can be administered by a drug recognition expert to determine specifically whether a person is under the influence of narcotics or drugs instead of DUI.
These tests involve eye function tests, the movement or involuntary movement of the eyeballs. A DRE uses a tracking device and asks the person to follow the tracking device with their eyes. They may take the person’s body temperature and look inside their mouth to see if they have a dry mouth.
Other tests can be administered that are not often used. They use the same tests for alcohol and if someone passes the alcohol breath test, law enforcement can ask for a blood or urine test. If drugs show up there, the chemical test result is used rather than physical test result for drugs.
How Long Does it Take to Get the Results of a Drug Test Back?
Test results take at least four to six weeks to come back and sometimes take longer depending on how busy the lab is, the priority of the case to law enforcement, and how long it takes for law enforcement to follow up on the results. It takes four to six weeks for the results to come back from the lab and could take another four to six weeks for the officer to follow up on the results and file a report to have the person charged and summoned into Court. In general, it takes from one to four months for the test results to come back, and for the results to be processed.
Tests Picking Up Substances That Are Not Illegal
West Palm Beach drug DUI tests can pick up substances like allergy medications or other over-the-counter medications that are not illegal. However, they typically do not test for that. They are not testing for things that are not illegal and they are not testing for things that are over-the-counter. They are testing for controlled substances, prescription medications, and recreational drugs.
For instance, before ecstasy became popular and known to law enforcement, some time passed before the authorities eventually started testing for that. They were not testing previously because they were not aware of ecstasy. Once they became aware of it, they started testing for it. The situation is the same with some of the new designer drugs like crystal meth. The authorities did not test for crystal meth until they knew it existed and people were using it. They only test for things that are illegal and things that require a prescription because they are designed to pick up only illegal or controlled substances.
DUI Drug Test Refusal
A person can refuse to take a urine or blood test in most situations. The only time they cannot refuse is when they are in an accident that results in serious bodily injuries or death. If there is an accident with serious bodily injuries or death, Florida law says that law enforcement can do a forcible blood draw. When there is no accident with serious injuries, the person is allowed to decline a blood or urine test just as they are allowed to decline a breath test for alcohol. There are consequences to refusing, but they can still refuse at least one time in their life without any additional criminal liability. If an individual wants to know more about their right to refuse West Palm Beach drug DUI tests, and the implication it could have on their DUI case, they should consult a qualified attorney that can help.