A DUI no longer refers to solely alcohol. In fact, on a national scale, marijuana is the most popularly used drug and the most common in DUI charges. However, there is no reliable method for THC testing on the scene. Unfortunately, they are using new roadside drug testing devices to prove their point when these systems fail frequently.
Additionally, traditional THC testing methods show positive results when the drug is no longer affecting the person. It is hard to know how to handle a case like this, and often it comes down to a judge believing you or the cop.
Only a drunk driving defense attorney can help you through the long and difficult process of a DUI case.
False Positives
In British Columbia, a law firm took science into their own hands or bodies. They obtained a Drager Device, used in Canada, approved by the federal government for roadside drug testing. This same device is in use in many states.
While the focus is to dissuade people from smoking marijuana and then driving, it misses the point. The Drager device is behind the arrests of many completely innocent drivers. Through various tests, the law firm found that poppyseed cake and even tea can cause false positives in these devices.
The good news for all of us is that they went public with this information. They spoke out openly against the device and how it can lead to serious criminal charges as it often shows false positives for not only marijuana but also cocaine.
Saliva Screening and False Arrests
Roadside arrests for DUIs are often done to protect the drivers on the road. But false arrests happen. So what is the driver to do afterward? They still have to go to court, speak with their insurance company regarding the DUI, and a judge may still offer some punishment.
That is ridiculous. Judges are relying on saliva screening as absolute proof, but even without saliva screening, there have been false arrests happening for years.
The situation is that a cop pulls you over for a regular traffic issue, and suspects that you are under the influence. Then they provide you with a field sobriety test. Many sober people fail field sobriety tests. The cop then makes an arrest, and now you’re stuck with wading through a mess.
Get a lawyer to help you with any false arrest. You should not have to deal with a judge believing a cop over you. You also should not have to put up with attending recovery programs or missing work for community service when you were not under the influence or a danger to anyone.
Is Saliva Screening Coming to Indiana?
While saliva screening is in full swing in Wisconsin, and Michigan, it has not yet come to Indiana. Currently, there are no saliva screening systems in use in Indiana. Indiana is among the few states that have very strict policies in place against the possession of marijuana.
As the state appears to be intent on keeping marijuana illegal, it is unclear whether saliva screenings will be coming soon or not. Saliva screenings are most often used to test marijuana as well as cocaine. Currently, police who suspect drug use will issue a field sobriety test and make an arrest, followed with a blood test. _
DUI lawyer in Indianapolis
Just because Indiana hasn’t started using saliva screenings yet doesn’t mean that they aren’t far off. Or that false arrests aren’t made every day. When it comes to handling your case, you need a legal professional by your side.
DUI cases often come down to the police officer’s word against the accused and who is a judge more likely to believe? In these sensitive situations, it’s critical that you have someone who knows how this branch of the legal system works.
A DUI lawyer will help you look at the evidence against you objectively and identify the best ways to defend yourself. Because DUI cases often rely on how the officer felt at the time, it is often reasonable to say you were unnecessarily stopped.
Although that is a common DUI defense, it is far from the only defense option available. Working with a lawyer will help you identify which legal course is best for you.
Hire An Indiana DUI Attorney
The Rathburn Law offices specialize in helping DUI defense cases. Your case probably has another side that the police or a judge will have little interest in hearing. Don’t let your version of events fall by the wayside. Call today or visit us online for a quote and consultation. You can have a DUI attorney from Indiana review your case and explain the best legal route available.
