California does something that a lot of other states do not do. Police conducting drunk driving checkpoints, commonly referred as sobriety checkpoints, have the right to check drivers for driving under the influence (DUI) and, surprisingly, something else. They can conduct a saliva test on any driver they suspect of being under the influence of a controlled substance.
There is a problem with drug testing. It is a fairly new concept. In fact, it has some people questioning if drug testing is actually legal.
In many instances, police do not have permission to conduct any search without a warrant with limited exceptions. DUI checkpoints are one of the few exceptions. California and most other states consider DUI checkpoints legal when it comes to warrantless searches.
California has recently introduced eight-minute swab tests at DUI checkpoints to identify drivers under the influence of drugs. The tests determine whether a driver has the following in his or her saliva:
- Methamphetamine.
- THC found in marijuana.
- Methadone.
- Some prescription drugs.
- Cocaine.
Many states have not instituted drug testing during DUI checkpoints. However, California law enforcement officials are in favor of this type of drug testing because they take the position that it is not invasive. In fact, the state law enforcement officials contend that the test is no more invasive than traditional DUI tests like a Breathalyzer testing devices.
Just like a drunk driving breath test, a driver will sometimes refuse to submit to it. The refusal does come with penalties. It is an automatic suspension of your driver’s license if you refuse to submit to the swab test.
Swab testing at DUI checkpoints does have supporters besides California law enforcement officials. These supporters claim that the testing will assist police in accurately identifying and stopping drivers who are under the influence drugs as opposed to alcohol.
Critics claim that some drugs remain in your body, including your saliva, for several days after they were consumed. They say that the drug would no affect your driving abilities to safely operate a motor vehicle safely.
If you or someone you know is accused of DUI after a positive test swab at a DUI checkpoint, contact the Law Offices of Jonathan Franklin. In fact, if you are arrested for a DUI charge, it is essential you retain an experienced lawyer to avoid the loss of valuable time or evidence in your case. At the Law Offices of Jonathan Franklin, you will a dedicated team ready to protect your legal rights and resolve your DUI charges. Contact us today to schedule your free consultation.
