D.U.I.D????

[yetibear]

Hi All, well it's happened! Saturday afternoon a friend of mines little brother who is a long time connoisseur (and a mmj card holder) was pulled over after leaving his favorite dispensary in a speed trap on I-25 at 58th ave in Denver!! :apachecopter:

There was a familiar "medication" smell coming from his car and he was asked if he had partaken in said medication and stated yes! he had smoked "earlier" that day! :stoned: police did not believe him and asked him to open his mouth, they said his tongue looked funny or something and believed he had smoked more recently?

He was basically told "blood test" or loose your license!! tested positive for medication and was givin a D.U.I.D!!:asskick:

And YES! it's as serious and as costly as a D.U.I!!

yetibear Reviewed by yetibear on 01-11-2011. D.U.I.D???? Hi All, well it's happened! Saturday afternoon a friend of mines little brother who is a long time connoisseur (and a mmj card holder) was pulled over after leaving his favorite dispensary in a speed trap on I-25 at 58th ave in Denver!! :apachecopter: There was a familiar "medication" smell coming from his car and he was asked if he had partaken in said medication and stated yes! he had smoked "earlier" that day! :stoned: police did not believe him and asked him to open his mouth, they said Rating: 5

[quetzal]

He was basically told "blood test" or loose your license!! tested positive for medication and was givin a D.U.I.D!!

What level did he test at? More or less than the proposed 5 nanograms?

[denverbear]

you have to remember to tell them it has been over 8 hours since you took your medicine.

[HighPopalorum]

you have to remember to tell them it has been over 8 hours since you took your medicine.

I have better advice: don't talk to the police. Volunteering information about your recent marijuana usage will not help you. In fact, anything you say will be used against you. Anything at all.... get it? If you are suspected of committing a crime, from DUID to murder, you need to be silent and get an attorney.

WHAT TO DO
- Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.
- Upon request, show police your driver's license, registration and proof of insurance.
- If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.
- Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.

YOUR RIGHTS
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional rights.

YOUR RESPONSIBILITIES
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint or call your local ACLU if you feel your rights have been violated.

[quetzal]

HighPopalorum,

Thats good advice for general encounters with the police in your car. But doesn't it get tricky when it comes to a DUID or situation in which you suspect the police of suspecting DUID/marijuana use?

You don't have the right to refuse a blood test, because of CO implied consent for drivers, afaik. Or, if you do refuse, you are penalized with license suspension and your refusal can be used against you in a court case. If its true that you haven't consumed within the last 3-4 hours, which is supposedly the impairment window for the proposed THC limit, I wonder what the harm is in stating information that could deter their suspicions of impairment, e.g., the last time you consumed.

In reality, if they ask you if you've consumed your medicine, and you say you don't want to answer, that will motivate them to find evidence of your (obvious) use in order to force a blood test. As of now, with no THC limit or defined impairment guidelines, anything to avoid a blood test is good it seems. I don't know... I'm just thinking outloud now...

On another note, this could have been avoided by following Rule #1, no violating traffic laws while carrying.

[leadmagnet]

God dang it people, go to flexyourrights.com or similar site and get your heads on straight.

[porone]

I agree with highpop on somthing:stoned:maybe im just stoned:jointsmile:

[COCannabisToker]

.

On another note, this could have been avoided by following Rule #1, no violating traffic laws while carrying.

agreed. common sense

[MtnLionCO]

i feel ignorant here, you have to submit to a blood test or lose your license, is that true? and the probable cause is that youre a mj patient and smell like weed? personally i would refuse a blood test under any circumstances and fight it in court.

[HighPopalorum]

All this is subject to correction. I haven't bothered to look it up.

If you are suspected of drunk driving in Colorado, you must submit to either a blood or breath test or lose your license for one year. If you are suspected of driving under the influence of drugs, you must submit to a blood test or face the same civil penalty. If you refuse a test, prosecutors will use this in court as part of their DUI case for your guilt. My own personal belief is that no test that comes back positive for any amount of THC will be exculpatory. I would refuse the test and trust my lawyer to win in court. Also, I have other compelling reasons: a DUI conviction would have professional consequences and since I seldom drive, I wouldn't be seriously inconvenienced by the loss of my license.