Although it’s less common than drunk driving in Texas or across the country, drugged driving is a very real crime that police officers deal with. Similar to drunk driving, the person driving their vehicle is under the influence of a substance that changes their state of mind, thus putting other people on the road in danger. Police officers have a series of tests that they have the driver take to determine if they are indeed under the influence. However, these tests do not come without their flaws. The following includes further information on drugged driving and the tests that a police officer may conduct.
Most people are familiar with the breath test that drunk drivers are asked to take on the side of the road. There is a similar test for those suspected of drugged driving. It involves providing the officer with a sample of saliva, at which point the kit will look for traces of drugs in the system. Controversies surround this test as it does not assess the number of drugs in a person’s system. It should be noted that being charged with DUI does not always mean you’re drunk driving; being under the influence can also pertain to taking drugs before driving.
If a police officer deems that you are unable to take part in the roadside drug test, they may simply take you to the city jail to have a blood sample taken from you. This test is much more accurate, but it also means that your car is impounded, and you’re likely to spend the night in jail.
Refusal to take test
According to many states, it is a criminal offense to refuse to take part in a drinking or drug test. If you refuse the test, you are likely to be charged with the crime anyway. In addition, other issues may arise, such as being seen negatively by the judge and paying higher court fees.
As you can see from the information above, there is little you can do to get out of being tested. However, you do have the right to fight these charges. It is important to bring in an attorney who is experienced in defending against drugged driving charges.