Can Police Search My Vehicle If I Am Arrested For A Drug DUI In The San Francisco Bay Area?
Police can search your vehicle if you get arrested for a Drug DUI in the San Francisco Bay area or anywhere in California.
There are several reasons the police can search your car, such as:
- Safety reasons
- Protection of your personal effects
- Documenting what’s in the car
The officer documenting what is in your car is essential if something disappears after the tow company picks up your vehicle. If something is missing, you will know whom to go after to try to recover your belongings. Tow truck drivers and impound lots understand that the police usually inventory the contents of vehicles they’ve impounded. Hopefully, the documentation is a deterrent.
If the police find serious contraband such as weapons, drugs, or anything illegal when searching your car, they can charge you and often do. Though, police are less likely to charge someone for lesser contraband. However, charges for possession or possession with intent to sell happen less often in San Francisco than in many other counties.
Is A Chemical Test Alone Enough Evidence To Be Convicted For A Drug DUI In San Francisco Bay Area?
A chemical test alone is not enough evidence to be convicted of a Drug DUI in the San Francisco Bay area. There are two elements in DUIs. The first element in most misdemeanor DUIs, whether for alcohol or drugs, is driving. If the authorities do not have you driving, they can’t get you for DUI.
The second element in misdemeanor Drug DUIs is impairment. If you are caught driving, the chemical test results must indicate that you were impaired. The police claim you were intoxicated by having someone testify in court about what someone’s symptoms are if at or over a certain amount reported.
People who always take a particular medication have a higher tolerance and you would hopefully not be impaired, whereas someone taking that dosage for the first time would.
There are many variables in Drug DUI cases. Because of this, we bring in medical experts, toxicologists, police officers, and drug recognition experts who will testify about symptoms that someone arrested was displaying.
When talking about impairment from drugs and not alcohol, it’s much harder to interpret these symptoms. With drugs, you don’t have finite numbers (like 0.08% BAC with alcohol); and because there are impairment tests for alcohol where there are not for drugs.
Drugs are much different from alcohol. There have been many more studies on alcohol, and analyses can back testimony. In contrast, for drugs, there are no impairment tests. So, it’s tough to prove you’re impaired beyond a reasonable doubt.
If you’re ever on a jury for a Drug DUI, you need to keep your ears wide open and never assume that because someone is sitting next to a defense lawyer, they must have been driving impaired. The prosecution must provide enough science to convince a jury you’re guilty beyond a reasonable doubt, which is very hard to do in Drug DUIs.
For more information on Drug DUI Offenses In San Francisco Bay Area, a free initial consultation with the Law Firm of Aaron Bortel is your next best step. Get the information and legal answers you seek by calling (415) 523-7878 today.
