Question: Can be charged with a DUI if I pass the blood test?
Question Detail: I was pulled over and blew a 0.06% at the police station (after refusing on the scene) and was not charged with a DUI. They then asked if I had any drugs in my system and I said that I occasionally take prescribed clonazepam for anxiety. This gave them cause to ask for a blood sample, which I gave. I know for a fact that the blood test will come back minimal or possibly negative, as I hadn't taken any pills that day. Can they still go after me for a DUI even if the drug results come back with low levels?
Yes, they can charge you with a DUI even if your blood alcohol level is beneath the “per se” level of 0.080. If you admitted to taking drugs (even if it wasn’t immediately before driving) the officer then has a right to request a blood draw, which I gather he did. If they find drugs in your system (even if prescription) the State/City could argue that you were affected by the combination of drugs/alcohol. Ultimately your case (strength/weakness) may depend on your driving and performance on field sobriety tests.
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