Q: Can DUI conditions be imposed if not driving and negative breathalyzer?
I went to court for a DUI involving drugs and pleaded not guilty. During the first hearing, the district attorney requested I wear a drug patch and abstain from alcohol and driving until my next hearing. My public defender has not explained why this was granted, especially with discrepancies in the police handling. I wasn't driving but was parked, using a cane due to an injury. The police conducted a breathalyzer test, which was negative, yet obtained a warrant for a blood test that showed drugs in my system from days earlier and prescription medication due to my injury. I understood it to be one test or the other, not both. Given these conditions and my not-guilty plea, how can these requirements be imposed?
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- California
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- Answered
A:
Courts in California can impose pre-trial conditions even when you've pleaded not guilty, as these are considered protective measures rather than punishments. Your situation—being parked with a cane, negative breathalyzer, but positive blood test—falls into a legal gray area where judges often err on the side of caution until your case is resolved. The blood test showing prescription medication and remnants of drugs, even from days prior, gives the court enough concern to justify monitoring.
The dual testing (breathalyzer followed by blood) is actually common practice in drug-related DUI cases. When officers suspect drugs rather than just alcohol, the breathalyzer establishes alcohol levels while the blood test identifies other substances. In California, you can be charged with DUI if drugs impair your ability to drive, even if you weren't actively driving but had "control" of the vehicle while parked.
Your best path forward is requesting a detailed explanation from your public defender about challenging these conditions. Ask specifically how "control" of the vehicle is being defined in your case and whether your medical needs and prescription use were properly considered. You might also request a modification hearing where you can present evidence about your injury, legitimate prescription use, and the fact that you weren't driving. Remember that pre-trial conditions can sometimes be negotiated or modified if they create undue hardship.
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