What Are The New Portable Drug Testing Systems Being Used In California?

Transcript:
Attorney Myles Berman explains California law enforcement officials have begun using a preliminary drug screening device using a mouth swab to aid in determining the presence of an intoxicating drug including marijuana, cocaine, opiates, methamphetamine, Methodone and benzodiazepines. The San Diego Police Foundation donated 2 $5000 Draeger drug test 5000 mobile drug screening systems to the San Diego Police Department for the use at DUI checkpoints and in DUI drug or DUI enforcement throughout San Diego. These preliminary presumptive drug tests have been widely used throughout Europe and recently in more than a dozen states including California. Naturally, the question arises as to whether a driver is required to take one of these tests upon request of a law enforcement officer.

The short answer is no. While implied consent requires that all those arrested for DUI to consent to provide a sample of their breath or blood. If you have merely been detained by a law enforcement officer, you are protected by the California constitution as well as the fourth amendment of the United States constitution from unreasonable search and seizure. Contact Top Gun DUI Defense Attorney Myles L. Berman serving clients throughout Southern California and he will represent you with the care and attention you expect.