What's up with DUID? (work, hospital, resort)

[GoWest56]

I never drink and drive. Yeah I did when I was much younger, but not one beer now if i'm driving.

Occasionally though, I've been know to, at parties, partake of a little mother nature. It stays traceable for weeks or at least days.

If I move to sedona, and I get in an accident or something and the officer feels I was at fault, can he test me on the spot and take me to jail? I'm an excellent driver but you never know how someone might interpret a lane change.

[topjimmy]

Originally Posted by GoWest56

I never drink and drive. Yeah I did when I was much younger, but not one beer now if i'm driving.

Occasionally though, I've been know to, at parties, partake of a little mother nature. It stays traceable for weeks or at least days.

If I move to sedona, and I get in an accident or something and the officer feels I was at fault, can he test me on the spot and take me to jail? I'm an excellent driver but you never know how someone might interpret a lane change.

If they have probable cause they can.

[itsadryheat]

and God help you if it is one of Sherriff Joe's posse that stops you. How do you feel about pink underwear and bologna sandwiches?

[TerryTurtle27]

A wise man once said...

"Drugs are bad mmmkay"

Any questions?

[aj661]

Originally Posted by topjimmy

If they have probable cause they can.

Got that right! I know they have to have "p-c" to arrest you, but the scary thing is they only need something they call "reasonable suspicion" to stop you. Thank God they don't do roadblocks very much anymore. They don't need any reason...they stop every car so you'd be screwed.

Originally Posted by GoWest56

I never drink and drive. Yeah I did when I was much younger, but not one beer now if i'm driving.

Occasionally though, I've been know to, at parties, partake of a little mother nature. It stays traceable for weeks or at least days.

If I move to sedona, and I get in an accident or something and the officer feels I was at fault, can he test me on the spot and take me to jail? I'm an excellent driver but you never know how someone might interpret a lane change.

It can be detected in your system for up to three weeks. Just a little advice; If you do have to talk to an officer, don't. Nod your head up and down for yes, side to side for no. He can tell you've been smoking if he sees your tongue. Pretending to be a deaf mute won't work. Most of those cops know at least a little sign language and some know a lot. Also, don't let him check your eyes with a flashlight. Pupillary rebound is a dead give away for marijuana use. As a last resort, you can trying peeing your pants to distract him; I'd bet he doesn't want urine smell in his car, and he might forget about checking your eyes.

Be sure to shower and put on clean clothes after you smoke too. You might be surprised how easy it is to smell. This is another reason to just nod-he'll smell it on your breath. (Air freshener doesn't work on your clothes or in the car). Don't carry any pipes in your car, especially ones with residue. Even if you don't get popped for DUI/D or IPOM, he'll have you on a paraphernalia charge. Make certain there are absolutely no seeds or stems on the seats or floorboards either.

You're right about that lane change thing. Oh, and weaving, even if it's within your lane they can stop you for it...something like "failure to negotiate a straightaway".

Be careful , but have fun !

[and the]

Here's something for you to "put in your pipe" so to speak:

I'm not sure how the law is in AZ, but they're becoming more and more uniform, with the newer .08 limit, etc.....But in MI, the police don't necessarily need reasonable suspicion OR probable cause in its usual form to charge you with DUID.

For example: Say you get into an accident and the hospital takes your blood. The police can get your blood results, even without a warrant usually, and if you test positive for weed, you are PRESUMED to have been under the influence, even if you last smoked a month ago. It is up to YOU to prove you weren't under the influence.

[Nice Nice Baby!]

There is NO WAY this will uphold in a court of law if you haven't smoked in the last day or so and it still shows up in the test. A lawyer can win this easily!

[aj661]

Originally Posted by Nice Nice Baby!

There is NO WAY this will uphold in a court of law if you haven't smoked in the last day or so and it still shows up in the test. A lawyer can win this easily!

Oh yes it will be upheld. Here's the part of the statute that deals with it.

"28-1381. Driving or actual physical control while under the influence; trial by jury; presumptions; admissible evidence; sentencing; classification
A. It is unlawful for a person to drive or be in actual physical control of a vehicle in this state under any of the following circumstances:
1. While under the influence of intoxicating liquor, any drug, a vapor releasing substance containing a toxic substance or any combination of liquor, drugs or vapor releasing substances if the person is impaired to the slightest degree.
2. If the person has an alcohol concentration of 0.08 or more within two hours of driving or being in actual physical control of the vehicle and the alcohol concentration results from alcohol consumed either before or while driving or being in actual physical control of the vehicle.
3. While there is any drug defined in section 13-3401 or its metabolite in the person's body."

The law does not address when the drug or it's metabolite was introduced into a person's body, only the presence of it at the time the person was stopped.

[Nice Nice Baby!]

What probable cause would there be? Never heard of anyone in this situation.

[aj661]

Originally Posted by Nice Nice Baby!

What probable cause would there be? Never heard of anyone in this situation.

For the stop, only reasonable suspicion is needed. Pick any reason to stop a motor vehicle you can think of. Probable cause is needed for an arrest.

Although it helps the case, an officer doesn't need to suspect impairment at the time of the traffic stop. In other words, they don't need to see bad driving such as weaving when they stop a car. Here's a common occurrence as an example:

Patrolman is driving along or parked watching traffic. He/she sees a vehicle go by with a headlight or taillight out. That's an equipment violation and a valid reason to make a traffic stop. After making the stop, the officer sees indicators - signs of impairment- and begins to develop pc. Some of the info on indicators I put in my first post here sound like a joke. They're not. But those pretty much show recent use. For how to tell after a week or more, I'm not saying. Some things people should find out the hard way. Besides, life wouldn't be any fun if you knew all the answers.

This may not be good news for the OP, but he asked, I answered.