Concord, CA asked in DUI / DWI for California

Q: Can a person be found guilty for under the influnce when given a urine test. but hadnt used for a day and half

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2 Lawyer Answers
Ramona Rae Hallam
Ramona Rae Hallam
Answered
  • DUI & DWI Lawyer
  • Encinitas, CA
  • Licensed in California

A: In case my first answer doesn't show up, you can be found guilty if drugs show up in your system. Your question jumps to the guilt phase of your case. There are pre-trial rights to discovery, and you can negotiate the charges with the District Attorney. I would retain an attorney if I were you so they can either seek dismissal or reduction of charges based upon the evidence.

Robert Lee Marshall
Robert Lee Marshall
Answered
  • DUI & DWI Lawyer
  • OROVILLE, CA
  • Licensed in California

A: Are you talking about driving under the influence of drugs, Vehicle Code 23152(a), or being under the influence of a controlled substance, Health & Safety Code 11550? Either way, a simple positive test isn't enough. The District Attorney would have to show the drugs impaired your ability to drive to get a DUI conviction, or that it caused some sort of physiological effect to get a conviction for 11550.

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