Legal Question in Criminal Law in California
Under influence of a controled substance
A friend was being questioned about her possible involvement in the attempted sale of a stolen item. After about 6 hrs. she was told that they would provide a ride home. Immediately after she was accused of being under the influence and a blood test was requested. Refusing the test she was arrested. Other than the refusal to test there was no reason to suspect, nor was she under the influence. Is the refusal to comply with the test suffient to convict her of the charges?
2 Answers from Attorneys
Re: Under influence of a controled substance
A person whose judgment is sufficiently poor that she volunteers to be questioned by the police has no reason to complain if she gets convicted of a crime as a result.
Re: Under influence of a controled substance
Merely refusing a blood test will not support a conviction. The police probably have other evidence, though, despite your belief that they don't. If the officers observed that your friend's pupils were dilated, that she was slurring her speech, or otherwise appeared to be under the influence, that evidence can be used against her. The police may also have found physical evidence of drug use.
Your friend needs a lawyer ASAP.
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