dui and drugs?

Question

I got pulled over for a dui and found out later I was under the limit. I did well on my FST's and when I got my report from d.m.v the officer made if sound 10 times worst than what happen?Can I beat that in court? I also drew blood and later they found mdma in my system. Can they use this on me too? I figured the cop wrote down everything making it seem like I was drunk. Can they change the story,and add that on?

Answer 1

Your word against the officer's word.

Don't drink and drive.

Answer 2

1

Answer 3

Well, whereas you may have had a decent chance before the MDMA, I can assure you that the MDMA charge will come into play and be detrimental to your argument. However, that does not leave you without options. Most likely you will want to distance yourself from the charge of MDMA; claim that such tests are often inaccurate and you feel that such evidence is thereby rendered irrelevant to a case of drunk driving. Remember, this battle is about your DUI, not about other drugs that you have done or not done. You were not on Ecstasy that night, and as such this should not be a battle about substances other than alcohol. Then, it is a matter of telling the truth of the matter to the court and hope they accept what you have to say. Your chances are slim, but in the court system there are always loopholes. Good luck!

One thing: I may have misunderstood what you said about MDMA. If they took your blood that night AND can prove you were on it that night, then you have lost already. If, however, they either took it that night but cannot prove that you were under the influence that night or simply took the blood test at a later date, then you have an argument with the potential to win (although the odds are not in your favour).

Answer 4

No they can not change their story.

You were arrested and charged with DUI or Driving Under The Influence. Under the Influence does not mean just Alcohol. It also includes drugs. So the Officers story is not changing. Since you gave blood and not breath, it is my guess the Officer figured you were under the influence of drugs and not alcohol. A breath test checks for Alcohol where as a blood test checks for Alcohol and Drugs.

As the other poster stated, I never arrested someone who did well on the SFST's and they all thought they did great. Is there an in car video of the stop. If so your Def Lawyer will be able to get a copy of it and you will see just how well you did or did not do.

Answer 5

Of course they can use the MDMA in your blood to help prove you were Driving Under the Influence.

You are a fool for driving or operating a car / truck or whatever when you were in no fit state to do so.... I hope they ban you from the roads forever and fine you bankrupt. Idiots who drive DUI are killers and maimers and not responsible people. Have you ever had a relative killed by a DUI????? didnt think so

Answer 6

Most state laws utilize the title "DUI" or "DWI" which most of us know are Driving Under the Influence and Driving While Intoxicated.

Most states include in their laws the alcohol or drug causing the "influence" or "intoxication."

Having the MDMA in your system doesn't help your case. Plead guilty and show the court your "maturity" and acknowledge your lack of good judgement at the time of the incident.

Best wishes!

Answer 7

Different laws for different states. In my state the D.U.I. law is multi- tiered. The statute has subsections to cover anyone who is:
A) Over the legal limit (.08)
B) Under the influence of alcohol (someone who is impaired, but not necessarily over the legal limit)
C) Under the influence of drugs
D) Under the influence of any substance that impairs his driving ability.

The breath test is a way to determine if a person is over the legal limit of blood alcohol. The S.F.S.T.s are a way to develop probable cause to determine if a person is impaired. The officer will usually have to explain to the court why he/she believes you were impaired at the time of the arrest. A breath test, blood test, S.F.S.T.s, medical records, and general observations of the officer can certainly be used as evidence against you, provided that these were conducted in a legal manner.

Answer 8

I think in football this would be known as "piling on" but I have to agree with what my law enforcement colleagues said. You may have felt like you did OK on fields, but that may not be the truth. I have had well over 100 DUI arrests and VERY SELDOM did anyone really think they bombed the field.
One exception was the guy I watched slam into a lightpole, he admitted he was messed up.
I have a question for you, would you let somebody operate on your brain if they had the same amount of MDMA or what we call vitaminX in their system that you did? I don't think I'd want that, nor do I want them driving either.
Take your lumps, I bet you that the original untouched report said you failed SFSTs and you just don't remember it that way. Like my brother THanson said, the videotape if one was made at the scene will probably embarass you.
Good luck on changing whatever prompted you to drive that way, I'm glad you didn't get hurt or kill somebody else, but please learn a lesson from it.

Answer 9

Yes they can. first time offenders here in the state of arizona can get 2 days in jail for dui and 36 classes of dui and MADD for sure it depends on you level of acohol on you test and brethe test. The state of arizona can also get you if you are 85 feet from your car and he thinks you are under the influence of drugs and or acohol just walking to you car with your keys in your hand drunk can give you a dui here in this state and if they feel you are drunk or drugged they can take you in and give you dui and drug test.catch one in a mad mood you may get more time. I believe 2 beers is the limit to drive and be safe. but the Az law is .8 and if officer is in bad mood you can get dui on a .5 also..trust me hon.. I wish you lots of luck.
.

Answer 10

I´m uncertain what you're asking precisely. so some distance as wha twill take place to him it ought to matter incredibly from state to state. My ex had 3 DUIs in PA in the previous I stated sufficient is sufficient. His 0.33 DUI he have been given sentenced to: 6 months reformatory and six months abode arrest, some incredibly steep fines (i've got confidence it replace into around $5K yet he had different quotes including fleeing/eluding, speeding, and so on as properly, plus courtroom fees), an 18-month license suspension beginning AFTER his reformatory sentence replace into achieved (reformatory time in PA doesn´t count extensive sort in the direction of suspensions), would have a limited license as quickly as he gets his DL returned (he could have a breathalyzer gadget put in in his automobile for one 365 days that's extremely high priced and can't tension any motor vehicle not geared up with this variety of gadget). He additionally must end an AA direction and could be on probation for countless years (3 or 5 years i think of) and is not allowed to drink, be around, or have alcohol in his abode at any time in the process the probation era. He additionally could guard employment for the size of his probation. as some distance because of the fact the bail, you sometimes in basic terms could pay a small proportion of the bail (5-10%) up front, something would in basic terms could be paid if he skips city or something. He can consult from a bail bondsman if he doesn´t have the money himself. additionally, conversing from first hand journey, one female to a distinctive, you may get out of one in each and every of those courting. He´s in all probability been by using AA already as a courtroom requirement along with his 2 previous convictions, not something is going to alter this time. human beings in basic terms replace in the event that they prefer to alter and clearly this guy doesn´t. In my subject my husband replace into abusive whilst inebriated and whether yours isn´t abusive there´s no reason to stay in a courting like this, and whether its not abusive now, it ought to alter into so at any time. You deserve extra effective. Don´t settle for under you deserve.

Answer 11

Of course they can use the MDMA in your blood to help prove you were Driving Under the Influence.

I have never once arrested a person who did well on the SFST's.

I HAVE, however, arrested a lot of REALLY drunk people who SAID they passed everything when they failed miserably.