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  1. #1
    Join Date
    Mar 2007
    Posts
    8

    Default Re: Arrested At Home For Under The Influence

    Quote Quoting cdwjava
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    That would be true with the offense of public intoxication, but it is NOT the case with being under the influence. One cannot legally be under the influence of an illicit drug (well, most illicit drugs) even in the privacy of one's own home.


    Nope. See above.


    Unless they have probable cause to arrest and test you, someone who is not on probation is NOT going to get tested.

    Even if you were, the chances are that using three days earlier is not going to result in a "hit" above the minimum concentration necessary to substantiate the charge of being under the influence.

    - Carl
    I don't understand what that means.

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Arrested At Home For Under The Influence

    Quote Quoting ISUM'S
    I don't understand what that means.
    You can't be forced to take a test for illegal drugs unless you are arrested or unless you have a condition of probation or parole that compels a test. To be arrested for being under the influence, the police have to (a) lawfully be present where you are, and, (b) have probable cause to believe you are under the influence of a controlled substance. They can't just say you MIGHT be and then arrest you to make you take a test - they have to establish probable cause based upon observations and/or statements.

    - Carl

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