Can you fight this?
If stopped at road block and officer says you look dui and only waves finger back and forth. Arrests you and has blood work done to check for dui and you are sober at time but have drugs in system from prior use, can you fight this?
1 Answer from Attorneys
Re: Can you fight this?
You ask two questions: (1) whether the officer had probable cause to arrest, and (2)what about the drugs in your system. Road blocks are notorious for this. Your arrest, if you were arrested and charged (you do not say) can be challenged by motion by alleging that the officer did not have reason to arrest or detain you to check for DUI. Your set of facts says that you were given a test and you were "sober" but had drugs in your system. Was there a breath test and/or blood test. Were you arrested? There are too many missing facts to give you an answer. The law provides that it is against the law to drive while intoxicated and that includes intoxication by alcohol, drugs (whether or not by perscription) or both.
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