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InvisibleSkunk420
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Registered: 06/13/04
Posts: 18,524
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Re: DUI charge for THC in your urine/blood stream? [Re: eligal]
    #5997279 - 08/25/06 08:07 PM (17 years, 7 months ago)

That is what I am paranoid about,the cop could be a dick and find a reason to think you are high, just looking up your record.

Edited by skunk78395 (08/25/06 08:08 PM)

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Offlineleery11
I Tell You What!

Registered: 06/24/05
Posts: 5,998
Last seen: 8 years, 11 months
Re: DUI charge for THC in your urine/blood stream? [Re: eligal]
    #5997280 - 08/25/06 08:08 PM (17 years, 7 months ago)

www.norml.org

some states have zero tolerance "drugged driving" policies which mean if you toked a month ago but still had slight THC in your urine, you could get a DUI.

many states don't.

thc doesn't stay in your blood very long though does it?


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I am the MacDaddy of Heimlich County, I play it Straight Up Yo!

....I embrace my desire to feel the rhythm, to feel connected enough to step aside and weep like a widow, to feel inspired, to fathom the power, to witness the beauty, to bathe in the fountain, to swing on the spiral of our divinity and still be a human......
Om Namah Shivaya, I tell you What!

Edited by leery11 (08/25/06 08:09 PM)

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InvisibleSkunk420
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Registered: 06/13/04
Posts: 18,524
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Re: DUI charge for THC in your urine/blood stream? [Re: leery11]
    #5997296 - 08/25/06 08:17 PM (17 years, 7 months ago)

Well my state has a zero tolerance, well so much for driving.

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OfflinegeokillsA
∙∙∙∙☼ º¿° ☼∙∙∙∙
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Registered: 05/08/01
Posts: 23,563
Loc: city of angels Flag
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Re: DUI charge for THC in your urine/blood stream? [Re: TODAY]
    #5997310 - 08/25/06 08:26 PM (17 years, 7 months ago)

Quote:

TODAY said:
My friend ... been scared strait out of driving inhebriated on any kind of substance because if he gets busted again his next charge will be the same as if he had 2 DUIs.

Now here's the problem, he told me he won't smoke weed with me because if he gets pulled over and is forced to take a drug test he'll test positive for marijuana because even if he isn't stoned it'll be in his system for a month or so from his last smoke. His logic leads him to believe that his dirty piss or blood will result in that second DUI charge. I do not believe they can charge somebody with a DUI or any such charge on the basis of marijuana showing up in a urine or blood test.


Your friend may indeed have reason to be worried about testing positive on a drug test during or pertaining to a driving infraction.. depending upon which state s/he resides in. Here is what you need to know (from this link):




ZERO TOLERANCE PER SE LAWS

Predictably, politicians and police have a simple, if unscientific, solution to researchers' failure to define per se standards for DUID offenses: to enact "zero tolerance" per se laws. These laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite present in their person's bodily fluids. In essence, zero tolerance per se laws define a new, driving-related offense that is, in the words of one of its chief proponents, "divorced from impairment." Under this standard, any driver who tests positive for any trace amount of an illicit drug or drug metabolite (an inert, non-psychoactive compound produced from chemical changes of a drug in the body), is guilty per se of the crime of "drugged driving," even if the defendant was sober. In the case of marijuana, these laws are particularly troublesome, as marijuana metabolites are fat soluble, and therefore, remain identifiable in certain bodily fluids (most notably, urine) for days and sometimes even weeks3 after past use. Consequently, under this law, a person who smoked a joint on Monday could conceivably be arrested on Friday and charged with "drugged driving," even though he or she is no longer impaired or intoxicated.




To date, eleven states (see appendix) have enacted zero tolerance per se laws:
  • Arizona,4
  • Georgia,5
  • Illinois,
  • Indiana,
  • Iowa,6
  • Michigan,7
  • Minnesota,8
  • Pennsylvania,9
  • Rhode Island,
  • Utah,10
  • Wisconsin.11

4 Arizona's law calls for mandatory imprisonment upon conviction for a first offense.

5 Georgia's law calls for mandatory imprisonment upon conviction for a first offense.

6 Iowa's law calls for mandatory imprisonment upon conviction for a first offense.

7 Michigan's law took effect in October 2003.

8 Minnesota's law exempts marijuana and marijuana metabolites, stating, "It is a crime for any person to drive, operate, or be in physical control of any motor vehicle ... when the person's body contains any amount of a controlled substance in schedule I or II other than marijuana or tetrahydrocannabinols."

9 Pennsylvania's law took effect in January 2004.

10 Utah's law calls for mandatory imprisonment upon conviction for a first offense.

11 Wisconsin's law took effect in January 2004.



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Offlinedarkfly
LysergicExperimenter

Registered: 09/16/01
Posts: 1,169
Last seen: 8 years, 7 months
Re: DUI charge for THC in your urine/blood stream? [Re: eligal]
    #5997311 - 08/25/06 08:27 PM (17 years, 7 months ago)

Quote:

In Cali when you get your drivers license you sign their agreement which says you must take a blood, urine or breath test when asked to by a police. Thats the Implied consent. But you can choose which test and they can only test you once because the agreement you signed specifies one test.




That is the same way it is worded in Florida - Breath, Blood, or Urine which in common sense would dictate one test or the other, there is no 'and' specified.

I tried to argue that point because thats how I read the law, but that is NOT how it is interpreted by law enforcement or the courts. If the police request all three, you must do all three.


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Everything Is Blue In This World. The Deepest Shade Of Mushroom Blue.

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Invisibleeligal
Noobie

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Registered: 05/25/05
Posts: 7,021
Loc: California
Re: DUI charge for THC in your urine/blood stream? [Re: darkfly]
    #5997363 - 08/25/06 08:47 PM (17 years, 7 months ago)

Quote:

darkfly said:
Quote:

In Cali when you get your drivers license you sign their agreement which says you must take a blood, urine or breath test when asked to by a police. Thats the Implied consent. But you can choose which test and they can only test you once because the agreement you signed specifies one test.




That is the same way it is worded in Florida - Breath, Blood, or Urine which in common sense would dictate one test or the other, there is no 'and' specified.

I tried to argue that point because thats how I read the law, but that is NOT how it is interpreted by law enforcement or the courts. If the police request all three, you must do all three.




Are you sure bout that last part? I was told by a cop that they can only do one and after that its of your own free will. He said hes seen officers have to let people who were obviously on something to go because he did the wrong test. If they were to force a test it would be breaking your rights.

He did say that they like to talk you into letting them do another test or making you think you dont have the choice. Are you sure it wasnt like that?

Maybe its just Florida... :shrug:


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\m/ Spanksta \m/

"do you have the freedom to do with your nervous system what you want?"

"MolokoMilkPlus said:
I'll respect you if you let me give you a blow job"

"tactik said:
respect the can."


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InvisibleLe_Canard
The Duk Abides

Registered: 05/16/03
Posts: 94,392
Loc: Earthfarm 1 Flag
Re: DUI charge for THC in your urine/blood stream? [Re: TODAY]
    #5997377 - 08/25/06 08:52 PM (17 years, 7 months ago)

I've heard of this happening too, but usually under unusual circumstances. Like when they're on probation or parole and/or the cop caught them toking up whilst driving down the road.

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Invisibleeligal
Noobie

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Registered: 05/25/05
Posts: 7,021
Loc: California
Re: DUI charge for THC in your urine/blood stream? [Re: Le_Canard]
    #5997386 - 08/25/06 08:56 PM (17 years, 7 months ago)

yea, if youre on probation or parole then you no longer have consitutional rights. Then they can fuck with you when ever they want without any reason. You on probation or parole is reason enough.
I believe also that when youre on parole (maybe even certain probation orders) that they no longer need a warrant to enter your property. Something about that. Or if youre on parole and go into someone elses house, the police can still go in there without a warrant as well....

I honestly cant remember the exacts about it... Just a vague memory of what I was told.


--------------------
\m/ Spanksta \m/

"do you have the freedom to do with your nervous system what you want?"

"MolokoMilkPlus said:
I'll respect you if you let me give you a blow job"

"tactik said:
respect the can."


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Offlinedieselsmoke
Stranger
Registered: 12/16/10
Posts: 2
Last seen: 13 years, 3 months
Re: DUI charge for THC in your urine/blood stream? [Re: TODAY]
    #13642281 - 12/16/10 02:12 PM (13 years, 3 months ago)

Couple of buddys of mine and myself got pulled over while in the middle of a sesh, smoke literally rolled out the windows when we opened them. He asked if we were smoking we just said yea he took our bowl and grinder and called it a night...it all depends on the cop. He actually made fun of us for not having any bud(we smoked it all) and said it was a waste of his time to get us for paraphernalia. I also took a drug class because of a recent ticket, in the class we discussed being tested for THC in your system(for a traffic violation) at least in the county i live in, they only test if you are obviously stoned and get in an accident or are driving recklessly. Red eyes are not probable cause in most situations to warrant a test unless your car wreaks. Either way your best bet is to smoke and chill somewhere its more fun that way anyway, every person i know that has gotten caught with bud or something of the like was in a vehicle. If your buddy really thinks he is just gonna get pulled over and tested at random he is being way to paranoid.

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Offlinedieselsmoke
Stranger
Registered: 12/16/10
Posts: 2
Last seen: 13 years, 3 months
Re: DUI charge for THC in your urine/blood stream? [Re: dieselsmoke]
    #13642293 - 12/16/10 02:14 PM (13 years, 3 months ago)

haha oooops this is way old

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Invisibleifoundwaldo


Registered: 09/28/10
Posts: 8,389
Loc: Denver, CO Flag
Re: DUI charge for THC in your urine/blood stream? [Re: dieselsmoke]
    #13642440 - 12/16/10 02:37 PM (13 years, 3 months ago)

A lotta replies. I didn't read 'em.

You don't have to submit to the field sobriety test. You can tell them to haul you off.

Also, they can charge you with DUI for having pot in your system.
They can tell (via how high THC levels are) whether or not you've smoked the day of the DUI.
I'd imagine a good lawyer could fight all of this, but it's such a hassle.

I'm in the same boat as your buddy BTW.


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