Re: Urine Test and DUI
It is typically used for drugs, but it can also be tested for alcohol even though it is no longer one of the mandated chemical tests for alcohol DUI in CA.
If the officers contacted your PO and Parole issued a PC 3056 hold, then that is all they need. The issue then becomes between you and parole.
I assumed they were saying the test was positive as I was transported to jail and then to prison due to violation. I never went before a judge.
Because it usually has to be sent off to a lab before results are known. It could be weeks before they get the results back. If they also conducted a presumptive test on the sample, they might have had a potential result immediately, but most courts want to see a lab test before prosecuting as they do not want to rely solely on the presumptive result.
How come I did not go before judge as a result of the urine test results?
If testing for drugs and alcohol, or for DUI, they may go to two different labs. It could take many weeks rolling on into months in some cases. It depends on the lab where it is sent (state or local) and their practices. The CA DOJ does most of these and to test a urine sample for DUI drugs and alcohol might require it to go to two different facilities depending on where in the state the sending agency is.
When do urine tests come back and is it different time span for drugs than alcohol?
Sure. They have one year to file charges for misdemeanors.
Can I be brought before a judge now -months after the fact if the tests were positive back then?
That is possible. You'll have to ask your PO.
OR was I sent to jail and on to prison on assumption?
He or she could have been told that you were arrested for DUI and the PO could violate you based solely on that - even without a positive test result, yet.
I would assume that my PO was notified and that is how the violation took place in the beginning. If my PO was notified and was told of the reason for violation - positive urine test - or could the violation be a result without a test?
It could be he did not feel he had enough, yet, or that the agency had dropped the matter because test results were negative. Impossible to say from here.
PO released me from hold in about a week and I was continued on parole.
Yes. They have a year to file. And, the bail schedule is set by the courts.
but mainly can I be issued charges on something that happened months ago and besides spent time for a "violation" without proof? And how is the bail set for someting like this? Letter said Bail 15K for 2 charges - misdeamenors. $1500.00 to not be arrested on a warrant and go to court on something that happened a while ago?
A Nor Cal Police Sergeant
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... and a croissant!"
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-- Courageous, by Casting Crowns