dirty blood tests
I'm being prosicuted for DWI ,for haveing a non- narcotic unperscribed perscription drug in my system wile operating a motor vehicle. How can the prosicutor prove the drug was'nt in my system from the day before? Rendering the possability that I was sober the night of in question.The drug I took leaves traces for many days after , in your blood . How can they prove I was high on the day I was arrested .
1 Answer from Attorneys
Re: dirty blood tests
When you took the drug is less important than what impact that drug was having on you at the time of your arrest.
The question for the jury is whether the drug was in your system and in such an amount that your ability to operate your vehicle was visibly impaired or, alternatively, that you were too 'intoxicated' by that drug to drive.
These are usually proven by observations made by the arresting officer.
I'm not too far from your part of the state. Feel free to give me a call if you have any questions.