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Posted on in DUI

Santa Cruz DUI lawyerDriving while intoxicated is illegal. An officer of the law cannot make an arrest on private property without a warrant. Both of these statements are true in general, but it is within the authority of the law to make an arrest on private property for DUI. However, there are always exceptions to every rule. Circumstances do exist where the legality of an arrest may be questionable.

Drunk Driving Is Illegal Everywhere

A common misconception exists that driving drunk on a road other than a public road is okay. The idea is not entirely without merit. Prior to 1982, the vehicle codes expressed that drunken driving was prohibited on public roads and highways, making no mention of private driveways and property. However, the law was altered to make no specification regarding public or private property. A ruling in 1992 became a defining moment when Ronald Dean Arnold Malvitz was found guilty of DUI even though he was driving on private property. The court determined during this case that driving and operating any vehicle in any location while under the influence of alcohol or drugs was dangerous to society.

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drugged driving, Santa Cruz DUI defense lawyerWith medical marijuana programs becoming increasingly common around the country and decriminalization efforts underway in many states, there has been much discussion about those who drive under the influence of drugs and how to handle such cases. While some states have proposed—and even implemented—quantifiable standards for traces of certain drugs in a driver’s system, others like California currently rely on a more subjective standard of impairment. Recently proposed legislation seeks to change that standard somewhat, but the measure has been met with a fair degree of skepticism.

Detecting the Presence of Illegal Drugs

Senate Bill 1462 was introduced by California Senator Bob Huff, R-San Dimas, and would allow law enforcement officers to conduct an oral swab on a person suspected of drugged driving. The test would be permitted based on probable cause after a driver has already failed field sobriety tests. The swabs are designed to detect the presence of marijuana, cocaine, amphetamines, and prescription pain medications, but do not provide information about the amount or concentration of the substance. Senator Huff has acknowledged as much, saying that the swabs are not meant to replace blood testing, but that “oral swabs are the only way to quickly and accurately test for the presence of six of the most common drugs of abuse.”

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