Announcement

Collapse
No announcement yet.

Charged for testing positive?

Collapse

300x250 Mobile

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Charged for testing positive?

    Some of you may remember me from a post about miranda rights and criminals rights in general a few weeks ago. I'm probably going to write a paper having something to do with it. I'm writing this with a partner, and in doing research and discussing things we came to the topic of drug tests. He claims that you cannot be charged for anything for simply testing positive for a drug. (obviously unless you are on probation or something) Is this true? This would make some sense to me for drugs that can be smoked, as you could unintentionally get it into your system, but it seems rather ridiculous that someone could test positive for a something like ecstasy or LSD and not see any charges. Is this true?

  • #2
    This depends on your state's statutes, or city codes... Arizona does not have a state statute of simply having a drug in your system, however I do know there is a city around here that does havea city code for possession in your body. My response does not include a DUI charge...
    "When I close my eyes.....I'll see you on the other side....!!!"

    Hate to put it this way skippy, buy every night I suit up and climb in the cruiser I'm at war. I'm always outnumbered, potentially out gunned and always behind enemy lines.

    Comment


    • #3
      We would not charge under the conditions you describe....the DA would laugh us right out of his office......

      You must be UNDER THE INFLUENCE of the illegal drug to be charged....it is a very specifically worded offense.....you will test 'dirty' for several days with some drugs, but only be 'under the influence' for a matter of minutes/hours....
      The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

      "Politicians are like diapers. They need to be changed often and for the same reason"

      "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

      Comment


      • #4
        So you can be charged with being under the influence based on a positive test? what about posession of the substance?

        Comment


        • #5
          Originally posted by celtic12 View Post
          So you can be charged with being under the influence based on a positive test? what about posession of the substance?
          You can be charged for being under the influence with or without a positive drug screen.....if I determine through my training and experience that you are under the influence, I can arrest and book you for it.....you would be offered the opportunity to provide a blood or urine test that would prove the presence or absence of any controlled substances in your body.......

          possession is a separate charge......

          In CA, being under the influence of specific drugs is a misdemeanor (usually) crime....11550(a) HS....possession of most illegal drugs (except for small amounts of marijuana) is a felony......

          So, if I were to stop you and determine that you were under the influence of methamphetamine, and you also had a bindle of meth in your pocket, you would be charged for two separate offenses.....possession, and under the influence......
          The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

          "Politicians are like diapers. They need to be changed often and for the same reason"

          "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

          Comment


          • #6
            Originally posted by celtic12 View Post
            So you can be charged with being under the influence based on a positive test? what about posession of the substance?
            A positive test for a substance,and possession of the substance are two seperate issues. In other words, you could ingest or consume a substance, and be no longer in possession of it. It would still be possible to test positive for the substance hours later.

            Comment


            • #7
              Outside of testing positive while on probation or parole, I don't know of any laws that provide for a criminal charge against an adult for merely testing positive for drugs or alcohol. Being "under the influence" while driving (for example) is a different story, as is being under a certain age limit and testing positive for a very low amount of alcohol, for another example.

              Comment


              • #8
                This would make some sense to me for drugs that can be smoked, as you could unintentionally get it into your system,
                On a side note, it has been commonly stated that inhaling secondhand smoke (specifically marijuana), is not going to cause a positive hit on a drug test. Most drug test centers set specific levels during screening where secondhand smoke inhaled in a room or other fairly wide open area will not be high enough to show a "positive" drug test. In other words, unless the secondhand is coming from a bong or a WWII gas mask, it will be negative. If a positive hit is made, it is not unintentional.
                I'm 10-8 like a shark in a sea of crime..

                Comment


                • #9
                  One last question...for now...

                  Are the charges for being under the influence of different drugs different? In other words...if someone was determined to be under the influence of PCP, would that be a more severe charge than being under the influence of marijuana? Or is being under the influence of any banned substance the same charge.
                  I'd like to thank you guys for all your help, and any help you offer me in the future. Now all I have to do is figure out how to properly cite what I've learned when it comes to writing this paper...

                  Comment


                  • #10
                    i once heard that, in FL, you can charge a minor for "possession of alcohol by consumption" i've never tried it or even looked to far into it, though. i generally need a better reason for getting into Juvie cases.

                    as far as the illegal drugs, i'm fairly certain it's a solid NO (here) testing positive is NOT possession. it could have civil ramifications like losing a concealed carry permit (possibly).

                    you mentioned LSD, it's virtually undetectable. rumors of spinal taps exist, but realistically, there is NO TEST for LSD

                    Comment


                    • #11
                      Originally posted by celtic12 View Post
                      One last question...for now...

                      Are the charges for being under the influence of different drugs different? In other words...if someone was determined to be under the influence of PCP, would that be a more severe charge than being under the influence of marijuana? Or is being under the influence of any banned substance the same charge.
                      I'd like to thank you guys for all your help, and any help you offer me in the future. Now all I have to do is figure out how to properly cite what I've learned when it comes to writing this paper...
                      You may be confusing the charges. The officers here are referring to DRIVING under the influence. It is not illegal to necessarily be under the influence of a drug, unless (a) you are driving or (b) you fit the criteria for public intoxication.

                      Obviously it is illegal to possess marijuana, but being under the influence of marijuana will not land you in jail, unless you meet the A or B situation I mentioned above. No matter the drug involved, if you are driving under the influence, the charge is the same. I have charged people for DUI for being under the influence of alcohol, illegal drugs (i.e. marijuana), and legal drugs (such as soma or other sleeping aid).
                      I'm 10-8 like a shark in a sea of crime..

                      Comment


                      • #12
                        Originally posted by SgtScott31 View Post
                        You may be confusing the charges. The officers here are referring to DRIVING under the influence. It is not illegal to necessarily be under the influence of a drug, unless (a) you are driving or (b) you fit the criteria for public intoxication.

                        Obviously it is illegal to possess marijuana, but being under the influence of marijuana will not land you in jail, unless you meet the A or B situation I mentioned above. No matter the drug involved, if you are driving under the influence, the charge is the same. I have charged people for DUI for being under the influence of alcohol, illegal drugs (i.e. marijuana), and legal drugs (such as soma or other sleeping aid).
                        In CA, we can charge with being under the influence of a controlled substance (not a driving offense or V.C.) as a seperate charge.

                        Comment


                        • #13
                          Originally posted by SgtScott31 View Post
                          You may be confusing the charges. The officers here are referring to DRIVING under the influence. It is not illegal to necessarily be under the influence of a drug, unless (a) you are driving or (b) you fit the criteria for public intoxication.
                          Obviously it is illegal to possess marijuana, but being under the influence of marijuana will not land you in jail, unless you meet the A or B situation I mentioned above. No matter the drug involved, if you are driving under the influence, the charge is the same. I have charged people for DUI for being under the influence of alcohol, illegal drugs (i.e. marijuana), and legal drugs (such as soma or other sleeping aid).
                          It is illegal to be under the influence in CA.......11550(a) HS......misdemeanor....complete separate charge from DUI or Drunk in Public.....
                          The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                          "Politicians are like diapers. They need to be changed often and for the same reason"

                          "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

                          Comment


                          • #14
                            Originally posted by LA DEP View Post
                            It is illegal to be under the influence in CA.......11550(a) HS......misdemeanor....complete separate charge from DUI or Drunk in Public.....
                            LADEP is right on the money with his reponse. I am in DRE (drug recognition expert) training program right now, finished the shcool and just 3 contacts away from being qualified. We go to places on task forces and arrest people for being under the influence. You don't have to be driving I just have to make a legal contact with you and be able to put you under the influence.
                            "For he is God’s servant for your good. But if you do wrong, be afraid, for he does not bear the sword in vain. For he is the servant of God, an avenger who carries out God’s wrath on the wrongdoer." Romans 13:4

                            Comment


                            • #15
                              Ok.....in SOME states, simply being under the influce is an arrestable offense (but not in TN).
                              I'm 10-8 like a shark in a sea of crime..

                              Comment

                              What's Going On

                              Collapse

                              There are currently 7670 users online. 376 members and 7294 guests.

                              Most users ever online was 19,482 at 11:44 AM on 09-29-2011.

                              Working...
                              X