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#1 (permalink) |
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Old School
Join Date: Jun 2001
Location: TN
Posts: 319
Thanks: 3
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Drug Test for Alcohol Arrest?
Hey everyone,
I pretty much know the answer to this question, but I would like some reassurance. Will the court order a drug test for an alcohol related arrest? I have court soon for some charges I racked up during a ridiculous drunken night (it was not a DUI). I am going to take a drug test on my own (substitution) to take in my defense just to show that I have stayed clean (which I haven't). What is the likelihood that they will drug test for an arrest where drugs were not involved (other than alcohol)? Thanks for any personal stories or knowledge you can offer.
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"If you get confused just listen to the music play." -Robert Hunter "Emancipate yourself from mental slavery, none but ourselves can free our minds." -Bob Marley "Anyone in a free society where the laws are unjust has an obligation to break the law." -Henry David Thoreau |
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#2 (permalink) |
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Retired Hippie...
Join Date: May 2009
Location: In a cut
Posts: 7
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Personally, i think subbing urine youre self is bad, because the court may order in that case that you submit to a court approved test to verify yours in whitch case.. they will watch you pee...
They may not even do that in your case.. so dont put it into the air. Good luck |
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| The Following User Says Thank You to Thenew007 For This Useful Post: | ZellaX (05-28-2009) |
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#3 (permalink) |
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Old School
Join Date: Jun 2001
Location: TN
Posts: 319
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Yeah, I thought about that too...
I had a court date back in March, and I was clean then, so I actually went to the courthouse to take a supervised test and took that to court with me. They just continued the date to June, and I was gonna do the same thing again (i.e. quit enough time to legitimately pass), but they moved my date forward and I think I waited too long to stop. My lawyer told me back in March that I should take another drug test in May to take for the June date, but I don't know what to do now because I see your point about the possibility of them trying to corroborate and make sure I didn't cheat... I could be worse than if I just don't take one in at all. Anyone else? I am getting nervous about this now. I will be about a week clean for the court date, so it is definitely iffy about whether I would pass or not...
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"If you get confused just listen to the music play." -Robert Hunter "Emancipate yourself from mental slavery, none but ourselves can free our minds." -Bob Marley "Anyone in a free society where the laws are unjust has an obligation to break the law." -Henry David Thoreau |
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#4 (permalink) |
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YaHookan
Join Date: Dec 2008
Location: seattle
Posts: 433
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don't take the defered treatment option!
espeacially if this was your first DWI you will never be able to last two years in treatment with a drug test every week. just take the sentence and give up yor licsence it be over sooner BEING CLEAN- means taking a shower - it has nothing to do with marijuana! get a job as a drug testing piss watcher!
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"The highest realms of thought are impossible to reach without first attaining to an understanding of compassion" SOCRATES, 470-399 BC
Last edited by seattle420lover; 05-28-2009 at 01:34 PM. |
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#5 (permalink) |
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Old School
Join Date: Jun 2001
Location: TN
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It was not a DUI or DWI, it was me being totally wasted and belligerent at a bar and getting the cops called on me... I was so out of it that I got into it with the cops and got charged with 4 misdemeanors: public intox, assault (fear of bodily harm, which seems like a bullshit charge since I didn't actually hit or hurt anyone), resisting arrest, and disorderly conduct.
I am pretty sure that they don't usually drug test in situations like this, unless I have to enter some sort of "Drug and Alcohol Treatment Program", but the arrest had nothing to do with drugs. Unfortunately I have a prior arrest for drugs, but it was completely expunged so this court should not even know about it. So what are the chances they will drug test me for something where drugs were not involved? I have seen a few anecdotes about a-hole judges testing people for the hell of it, but that seems like its pretty rare... I have a friend who got a DUI here in TN and he hasn't been drug tested once.
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"If you get confused just listen to the music play." -Robert Hunter "Emancipate yourself from mental slavery, none but ourselves can free our minds." -Bob Marley "Anyone in a free society where the laws are unjust has an obligation to break the law." -Henry David Thoreau |
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#6 (permalink) |
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dick 'slyde' hyde
Join Date: Oct 2004
Location: above the clouds
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Meh. You should be fine.
I got arrested in February on my 22nd. Disorderly conduct was my only ticket but they also took me to the hospital and shit since I blew over a .3. Anyway, at court the judge just goes 'looks like you had a wild night huh?' I was like 'yeah.' Just had to pay the fine of 310 (well it was already payed from bail) and the hospital bills (those fuckers, i woulda been fine and they didnt do shit to me anyway). I had a prior weed possession ticket in the national forest that was plea bargained away for a guilty plea on a MIP of alch. I also had like 3 other MIP's. Last edited by notepad; 05-28-2009 at 03:31 PM. |
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| The Following User Says Thank You to notepad For This Useful Post: | ZellaX (05-28-2009) |
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#7 (permalink) |
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Keezheekoni
Join Date: Jan 2004
Location: Scam City, NC
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Typically with alcohol related arrests getting later date drug tests is irrelevant since alcohols out of your system so fast
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| The Following User Says Thank You to Geeno For This Useful Post: | ZellaX (05-28-2009) |
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#8 (permalink) | |
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Victoria Aut Mors
Join Date: Dec 1999
Posts: 6,771
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Quote:
to the poster. no don't take a test in with you, to the courts it means nothing,other than possibly covering up something that originally wasn't considered. However if your lawyer can get you enrolled into some sort of stop drinking program before the trial date it will mean a whole lot, as it shows not only that you realize that you may have a problem with alcohol (not drugs) , but also shows remorse and willingness to correct the "drinking problem" (don't even bring up drugs and there will be no testing) Your lawyer should have already suggested this.
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#9 (permalink) |
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Victoria Aut Mors
Join Date: Dec 1999
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MIP
Masturbating In Public ?
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#10 (permalink) |
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Old School
Join Date: Jun 2001
Location: TN
Posts: 319
Thanks: 3
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Finally heard back from my lawyer yesterday and he said I would NOT be tested.
I definitely understand your reasoning about not even breaching the subject of drugs, but he told me to bring him negative results if I have them, and he already submitted some from a supervised test back in March. I took a test yesterday which I substituted, and of course came back negative for everything. If he wants to give it to them because he thinks or knows it will help my case, that is up to him... He said "no" I would not be tested, not "maybe" or "probably not", and he is a former assistant district attorney for this court, so I am gonna trust him as my paid legal consultant. Thanks for all the help guys, I appreciate it.
__________________
"If you get confused just listen to the music play." -Robert Hunter "Emancipate yourself from mental slavery, none but ourselves can free our minds." -Bob Marley "Anyone in a free society where the laws are unjust has an obligation to break the law." -Henry David Thoreau |
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