Howard County DUI Drug Testing

Howard County DUI drug testing is an important process to understand. Authorities in Howard County test for the presence of drugs by requesting a blood draw. If the person does not agree, law enforcement can request a warrant to get blood drawn if there is a basis for doing so.

There are other physiological tests as well, such as tests for heart rate, pupil size, respiration, and perspiration. For example, if it is 50 degrees outside, someone is wearing a tee shirt and is sweating profusely, there is a physiological problem. If it is bright outside, but their pupils are very large, that also causes for further testing. If a person goes into a dark room, if the lights are turned on, and the pupil has changed in size, it is also a problem. All these factors matter as they are consistent with the environment, behavior, and circumstances and can lead someone to arrive at the conclusion that the person is impaired or on a substance. A skilled DUI attorney can provide more on the subject of drug testing.

Laws Regarding Refusal of Tests

A person can rightfully refuse any test they want. However, if they do so, the officer has the right to ask the court if they are subject to additional penalties and enhancements. For example, there is a punitive enhancement for somebody refusing a test that they will get in the mail in advance. In advance of the trial, a person who refuses will likely get an enhancement notice that says, “Due to your refusal, you are now facing an additional potential two months of incarceration due.” That is a sanction a person could face regarding Howard County DUI drug testing.

Other Actions to Prove Impairment

It is not just the tests that are always dispositive. There is the pre-arrest phase and the booking phase. The way the person acts, behaves, and interacts are ways that indicate their level of intoxication. Mood changes, whether they fall asleep, whether they are stumbling and swaying, and speech patterns are also factors that come into play. It is not just how they performed in the test or whether they blew in the machine or have perspired. Every single observation from the driving ability is considered in Howard County DUI drug testing.

Mistakes to Avoid

The biggest mistake to avoid is confessing to have consumed drugs to the police because alcohol is clear-cut. There is a test that provides evidence about what alcohol and how much alcohol is in the system. The test for drugs is only speculative. Unless a person does a blood test, which they can rightfully refuse unless there is a warrant, all the police and the prosecutor can do is guess as to what the person may have been on. It is better for a person to remain silent and let the prosecutor speculate than to admit that the person was using a drug.

Importance of Howard County DUI Lawyer

It is imperative to call an attorney. If a person is being held, an attorney can help procure their release. There are also time-sensitive issues that arise. If a person faces a driving offense or a driving impaired by drugs or alcohol, a person has 10 days from the date of the incident to request a hearing if they want to challenge the loss of their license. If they wait 11 days, not even two weeks past the date, they may be unable to retain their driving privilege. It is very important to be proactive and move quickly by hiring an experienced DUI drug lawyer. Call today if you have questions about Howard County DUI drug testing or other concerns.