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friend arrested for "suspicion of DUI" while sober but worried about blood test * 1
    #18659057 -

My friend while not drunk or high, was pulled over(and very confused as to why) late at night, here's what I know so far :


1. 21 year old pulled over for suspicion of dui, verbatim.

2. passed breathalyzer and field tests.

3. Car searched without consent(though i do not know if she explicity said 'I do not consent' but she definitely did not say yes), no passengers(2 others) searched. Nothing illegl turned up.

4. Friend is told she's being arrested, again "for suspicion of DUI" and needed to submit to a chemical(blood test). In pennsylvania a law was passed saying you CAN refuse the test but your license is automatically suspended for a year and you're fined.

5. Was not read Miranda rights until after she had been cuffed, taken to the station and bloodtested - they fingerprinted and took her picture. Massive bruising and pain from the needle she is see a doctor about.

6. After she was free to go(given a release for her items) she was told she still could not leave unless a cab took her home - or make another phone call to call a friend because "if you got mugged or assaulted it could be blamed on us." Kept claiming she was in no state to walk home on her own, despite the fact that even if she was drunk when pulled over(which she was not) hours have passed. Cab driver was sympathetic and tells her to get a lawyer and just let her call her ride.

She has a lawyer she is talking to 2 people witnessed the search without consent, and the fact that her miranda rights were not read immediately upon arrest. Photographed arm and talking to doctor. So far she has no paperwork and is waiting on them to send her stuff.


The thing is she smokes weed frequently - she was not high at the time, and I have to ask her about when she had last smoked before that and is only really concerned that THC will show up in her blood and that will fuck her over, even if she wasn't high at the time. 

Very confusing, any similar experiences or input is very much appreciated - thanks in advance!


--------------------
Mama, here comes Midnight, with a dead Moon in it's jaws.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: pirate-blues]
    #18659081 -

Damn.... I hope it works out for her. I'm fairly sure it's detectible in the blood for 1-3 days, but I'm not positive about that. She's lucky it wasn't a hair test.


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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: pirate-blues]
    #18659089 -

maybe her passengers reeked of booz

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Does]
    #18659105 -

She'll probably be fine.  She was sober.  She just needs a decent lawyer and it'll take 15 minutes and she'll be out without any charges.


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OP is now RP!  Read about it here!


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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: pirate-blues]
    #18659113 -

Sorry to hear about your friend.  I grew up in pa and was always in trouble.  Left that state when over 15 years ago and haven't looked back.
As far as the miranda rights not being read and the illegal search, well, welcome to America. Sad to say, but we really don't have any rights.  My car has been illegally searched several times, once resulting in arrest.  The judge didn't care that I did not consent nor was I read my rights.
My advice is to get a good attorney. And by good, I mean reputable. DO NOT hire an attorney from norml. They smoke too much pot and aren't motivated to fight hard.  Good luck.


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A cube is NOT a cube.

FALL IN LOVE WITH LC
FOTTSE!!!
ALL NOOBS READ THIS!!!


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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: azur]
    #18659142 -

Passengers were not IDed, questioned, or searched - I am not sure if they were drunk. I'm fairly certain she probably smoked weed that day - hopefully it was earlier on.

The problem with THC blood tests, here is that if it shows up active then you can be charged for intoxication - but I'm not sure how long it would stay active or how sensitive the test would be. Can it pick up past use like a urine test, and if so, are you charged for something?


p.s. here is a picture of her arm as of a couple hours ago, she's been taking pictures everyday just as a precaution(also her father had a similar reaction and apparently it caused some kind of blood clot, so she is seeing the dr out of genuine concern) - this is a shit shot from my webcam.




Neither of us have ever dealt with cops beyond fighting minor traffic tickets and shit, she said she was crying her eyes out for her mugshot(but she said she made it a point to smile anyway in passive defiance :rofl:) - she's had really really really shitty cards dealt to her recently and this on top of everything else is the last thing she needs on her plate - I just feel terrible for her.


: edit :

Also in the county of PA she was in weed is NOT decriminalized in any way shape or form.


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Mama, here comes Midnight, with a dead Moon in it's jaws.

Edited by pirate-blues (08/04/13 05:01 PM)

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: pirate-blues] * 1
    #18659855 -

Omg this is some requium for a dream shit. A blood test is basically a legalized form of rape that the gvt is still responsible for.


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"For those who fight for it life has a flavor the sheltered will never know" Leonard Nimoy
"Its all to do with round, with shape.. everything is color.. it must be to do with orange, not only with orange. I haven't seen color, I live in a monochromatic world. I cant use color.I can do everything!"

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Dest]
    #18659877 -

if that's how it really went down it won't matter if they find THC in her system. illegal search and seizure. all evidence is void. I beat charges due to an illegal search like that before. (alabama)


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They say curiosity killed the cat...
Fortunately, I am not a cat.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: pirate-blues]
    #18660460 -

Post this in the Security and Safety forum, you will get much more informed responses.

http://www.shroomery.org/forums/postlist.php/Board/46


I had this almost happen to me, and made THIS posts after it happened. There is some insightful info in that thread.

One thing id like to point out right off the bat from reading your thread is your confusion over Miranda rights. Law enforcement officers only have to read you your rights if you are arrested, and being interrogated. Its not required just because you are under arrest.

Best of luck, my advice is to lawyer up.


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Long live kratom :kratom:

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: danielx]
    #18660493 -

Why were they so convinced she was fucked up if she wasn't fucked up?

Just seems weird to me.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: pirate-blues]
    #18660527 -

Fucking cops are out of control lately.


--------------------
"Cosmic Love is absolutelely ruthless and highly indifferent:
it teaches its lessons whether you like/dislike them or not."

John C. Lily

 

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Dreaming Nomad]
    #18660548 -

IDK... if she has THC in her system and its a zero tolerance DUI Drugs state she probably won't beat the charge.  It's up to the officer to decide if he thinks the driver is impaired enough to need a drug test.  If you know or even think that you have a dirty system and you are in a zero tolerance state, it's best to refuse the test and take the license suspension.  If you take the test and fail, your license is getting suspended anyway plus you have a charge on your record plus treatment will be required.  I've learned this the hard way :facepalm: 

As far as the miranda rights being read- it doesn't matter.  The only thing miranda rights protect you from is self-incrimination.  If they have enough evidence against you for a crime, they don't have to read you your rights.  If they place you under arrest and then they start questioning you without reading your rights, anything you say is inadmissible in court.  But you can't get an arrest thrown out because of failure to be read rights.

Best of luck to your friend, hopefully the test comes back negative.  Did they give her any other type of ticket?  What was their reason for pulling her over?


--------------------
Confucius say: He who sticks drugs in butthole has head up ass. 


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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: MrBlueYoMind]
    #18660561 -

Refusing a test here gives you an automatic 120 day suspension and then you still get charged with a DUI.  Go figure.


--------------------
OP is now RP!  Read about it here!


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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Uzziel]
    #18660582 -

Uzziel said:
Why were they so convinced she was fucked up if she wasn't fucked up?

Just seems weird to me.


Could actually be she was driving weird and didn't know it, or maybe they just thought she looked like their idea of a troublemaker.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Maverick]
    #18660617 -

That's horrible I hope things work out for her... I have no respect for most cops because of these reasons. Who gives a fuck if she has thc in her blood, it's a game to the cops, a challenge to find any reason to make someone's life harder.


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don't be nervous

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: psi]
    #18660638 -

psi said:
Uzziel said:
Why were they so convinced she was fucked up if she wasn't fucked up?

Just seems weird to me.


Could actually be she was driving weird and didn't know it, or maybe they just thought she looked like their idea of a troublemaker.


Yeah well, friends also lie and say they weren't fucked up but they were. Not to say that she was, but you generally have to be slurring words or look/act fucked up to get a DUI.

Just sayin'

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Uzziel]
    #18660710 -

Yeah that's a strong possibility too.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: Maverick]
    #18660734 -

Maverick said:
Refusing a test here gives you an automatic 120 day suspension and then you still get charged with a DUI.  Go figure.


A DUI that has no evidence to prove intoxication?  It is your right to refuse, and while you do get a suspension- I don't think they could get you with a DUI that would stick.  Sounds like you could easily beat that.  What state do you live in?

edit: DERP, Nevada duh.  IDK man sounds shady...


--------------------
Confucius say: He who sticks drugs in butthole has head up ass. 


Edited by MrBlueYoMind (08/04/13 11:01 PM)

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: psi]
    #18660745 -

Unfortunately most states have a zero tolerance law regarding cannabis and DUI's....Even if you have inactive metabolites in your system they will try to charge you.

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Re: friend arrested for "suspicion of DUI" while sober but worried about blood test [Re: MrBlueYoMind]
    #18660759 -

most likely it will be dropped. It's not illegal to have THC traces in your blood. It's illegal to be high as fuck and be driving which; she was not doing. Pretty shitty that this person actually got arrested, if you had the money you might be able to get something out of this doubt it though.

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