Eric: So even though it’s a prescription drug, it doesn’t mean that you can’t be prosecuted for having that in your system as well.
Interviewer: So you’re saying prescription drugs affect how people drive, they get pulled over, they might be asked to do the breath test and it shows nothing. Then the police would say there’s probably drugs involved and they’ll get a blood test right?
Eric: Yeah, the first thing they’re going to do is ask the person to submit to a urine test and they can ask them to submit to the blood test. Exactly what happens, because again, anytime the police say there’s an issue with your driving, even if they make it up.
Eric: It’s not to say that all cops are liars, but if the cop just turns around, remember there’s no video in these cars. So we just have to take the cops word for it, that the driving was not good driving, they pulled you over, there was a suspicion that you were under the influence of something, that you submitted to a breath test that showed zero presence for alcohol. So the police officers, hardly ever, I mean, obviously the cases that come to me are people that have been arrested, so I couldn’t tell you how many cases, if any, they let go. But the next step is going to be, well, then you must be under the influence of alcohol, you must be under the influence of drugs, you must be under the influence of something.
So now, you have to submit to that intrusion of urine test or blood test. And if it shows the presence of marijuana, which can stay in your system for 30 days, alcohol which can stay in your system for more than 24 hours, or any combination of drugs that you’ve taken, prescription or otherwise, that opens the door for the whole problems that come into it. Of course then the plea bargaining is different. The conviction level can be different, the driver’s license issue can be different, and it opens the door for much more complicated defenses to cases.
Again, if you have a lawyer who doesn’t focus in DWI defense, they may not know what the levels are. They might not know that although it shows the presence of marijuana, not marijuana, but THC or a metabolite of THC or it shows the presence of Adderall, or some other drug that we mentioned before, that the presence of that doesn’t necessarily mean that it’s a negative thing that you still could be under the level where your operating fine and it’s not impairing at all. So I’ve seen lawyers who are not aware of the marijuana, prescription and non prescription drugs, that all these drugs break down into impairment levels and not impairment levels. And I see clients just enter into scenarios that I would not have done if I was their lawyer.
By Eric Sachs