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  1. #1
    Join Date
    Mar 2011
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    Default Urine Test and DUI

    My question involves criminal law for the state of: California
    I was referrred to this site after posting on another similar site that centered around parole and related information and not getting "expert" advice/opinions.
    My question is about being stopped for DUI while on parole. I was brought to station and given urine test - which I now understand is only for drug detection or when blood tests can not be given for different reasons. So they must have been trying to say I was under drug influence?? 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. How come I did not go before judge as a result of the urine test results? and was let out to be on parole? When do urine tests come back and is it different time span for drugs than alcohol? Can I be brought before a judge now -months after the fact if the tests were positive back then? OR was I sent to jail and on to prison on assumption? and now I get letter in mail to pay bail and get court date?? 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? I mean determining violation without urine test results? PO released me from hold in about a week and I was continued on parole. No problems since that incident.If they wanted to locate me to send court date they could get my address from DMV or PO right away after I got out of hold but I received notice in mail with bail amount to go to court to get court date for charges relating from the violation that happened 6 to 7 months ago. If they sent me to jail and on to prison the urine results must have been in ...or are we back again questoning violations without a positive test? I guess I want to know a lot of answers - 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? Thanks

  2. #2
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Urine Test and DUI

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    I was brought to station and given urine test - which I now understand is only for drug detection or when blood tests can not be given for different reasons. So they must have been trying to say I was under drug influence??
    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.

    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.
    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.

    How come I did not go before judge as a result of the urine test results?
    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.

    When do urine tests come back and is it different time span for drugs than alcohol?
    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.

    Can I be brought before a judge now -months after the fact if the tests were positive back then?
    Sure. They have one year to file charges for misdemeanors.

    OR was I sent to jail and on to prison on assumption?
    That is possible. You'll have to ask your PO.

    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?
    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.

    PO released me from hold in about a week and I was continued on parole.
    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.

    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?
    Yes. They have a year to file. And, the bail schedule is set by the courts.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
    Join Date
    Mar 2011
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    6

    Default Re: Urine Test and DUI

    Can only Parole issue a PC3056 OR can an officer do that without contacting Parole?

    If I was released because
    It could be he did not feel he had enough, yet, or that the agency had dropped the matter because test results were negative
    then my PO would have told me that reason, I would assume. The PO would have said not enough evidence - results have not come in yet OR results were negative... or maybe they don't disclose that? I assumed results were negative as nothing was said. Now it is ongoing?

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Urine Test and DUI

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    Can only Parole issue a PC3056 OR can an officer do that without contacting Parole?
    Only a parole officer can issue a parole hold.

    If I was released because then my PO would have told me that reason, I would assume.
    Did you ask him?

    The PO would have said not enough evidence - results have not come in yet OR results were negative... or maybe they don't disclose that? I assumed results were negative as nothing was said. Now it is ongoing?
    Hard to say why you might have been released. I suspect that there was insufficient cause to hold you at the time. Parole has made it tougher to issue holds.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
    Join Date
    Mar 2011
    Posts
    6

    Default Re: Urine Test and DUI

    Thanks for your input -
    Insufficient evidence is what others have said and now test results have come back (?) as you said they sometimes take a while to be processed. I am just not sure what the options are for criminal "guilty"? Time to serve? Classes,fines? I have read many variations and not sure how the state of California looks at this. 1st time offense = ?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    14,894

    Default Re: Urine Test and DUI

    Since you have not been charged, it's a little premature to try and guess as to what the penalties might be.

    This links has a good summary of the penalties for DUI:

    http://criminal-law.freeadvice.com/d...fornia-dui.htm
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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