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DUI for Drugs: The Mouth Swab Test in California
Driving under the influence of drugs (DUID) is a serious offense in California, and many drivers might not know that being under the influence of marijuana or other drugs can result in a DUI charge. Law enforcement agencies throughout the state are becoming increasingly concerned about this issue, especially now that recreational marijuana is legal in California. To combat DUID, law enforcement agencies are using a portable mouth swab test to detect the presence of drugs in a driver’s system.
How Does the Mouth Swab Test Work?
The mouth swab test is a convenient and portable way to test for seven different types of drugs, including cocaine, opiates, and marijuana. When pulled over for suspicious driving, law enforcement agents use a mouth swab test to check for signs of drug use in the suspect’s system. The driver is asked to swab the inside of their mouth for about four minutes, and the swab is then assessed in a testing machine with a testing solution. In approximately six to eight minutes, the results of the test will be printed, and law enforcement agents will have information on the presence of drugs in the driver’s system.
The mouth swab test is different from standard breathalyzer tests, which check drivers for their blood-alcohol levels. Previously, blood tests had to be conducted to determine drug use, but the mouth swab test is preferred as it is much more convenient and faster than waiting for a blood test result.
What Does the Mouth Swab Test Detect?
The mouth swab test is designed to test for the presence of seven different types of drugs in a driver’s system. These tests are very accurate, but they are not capable of revealing the levels of drugs present in the system. The mouth swab test simply determines if there is any of the tested drugs in the driver’s system or not.
If the test comes back positive, the law enforcement agent will then require a blood test to determine the exact levels of drugs present. Once a positive mouth swab test result is obtained, the driver cannot refuse to take a blood test. If the driver does refuse, law enforcement can obtain a warrant to perform a blood test.
What Type of THC Is Detected in the Test?
If you are concerned about failing the mouth swab test due to using marijuana for recreational or medical purposes, you should know that inactive THC components are not detected in these tests. This means that unless you have used marijuana recently, you should pass the test without a problem. However, if you are pulled over and charged with a DUID for marijuana or another drug, you need a knowledgeable DUID lawyer like Todd Spodek to help you with your case.
What Happens If You Refuse to Take a Blood Test?
Once a mouth swab test comes back positive, it is mandatory that the driver submits to a blood test to determine the levels of drugs in their system. If the driver refuses to take a blood test, they can be charged with both a DUI and with refusing to take a blood test. This charge requires mandatory jail time in California. Hence, it is that drivers comply with taking the blood test to not face more significant legal penalties.
Contact an Experienced DUID Lawyer Now
If you are facing a DUID charge for drugs, contact Todd Spodek, a Los Angeles DUI attorney. Our team of experienced lawyers can help you with your DUID case and work toward finding the possible outcome for you. Don’t hesitate to contact us today.
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