Monder Law Group - News
Attorney Vik Monder Speaks about the New Drager Drug Testing Devices Used by San Diego Police Department at DUI Checkpoints
The Police Chief of San Diego discussed with the passing of Proposition 64 in California the increase need to combat drug driving in San Diego. The amount of drug driving cases have increased for both the District Attorneys Office as well as the City Attorneys Office since the previous year. The City Attorneys Office had prosecuted over 280 drug driving cases last year alone as compared to the 150 the year prior. Many drug DUI cases have lead to high profile fatality cases which Attorney Vik Monder has represented the defendants.
It is important to understand that the new Drager 5000 is a swab test that is treated like an oral preliminary screening device prior to an actual arrest. The purpose of this device is to provide law enforcement with probable cause to conduct a chemical test after an arrest can be made. Please note that this saliva screening is a voluntary test and you may refuse to take it. It is highly recommended by Attorney Vik Monder to not submit to the test. Law enforcement needs to obtain probable cause under the totality of circumstances for them to make an arrest. They are dependent solely on the field sobriety examination and the outcome of the saliva sample in order to effectuate the arrest.
Attorney Monder has made it clear that this test is suggestive and does not tell the whole story and is just suggestive evidence of substance use. However, it will not distinguish between substance use that occurred the day prior or at the time of driving. Please be aware the importance of not subjecting yourself to this test. Attorney Monder has won drug dui trials based on the reason that there is no per se law on the threshold one needs to meet to be under the influence. Most drug DUI cases are measured by nanogram per milliliters on a biotin report that can only be interpreted by a forensic toxicologist and this number is subjective.
Most people charged with a drug driving case will be prosecuted under Vehicle Code Section 23152(e). The burden is on the prosecution to prove that you were under the influence of drugs at the time of driving. This is one of the hardest cases to prove because everyone’s tolerance level is different for drugs.
If you have questions about your drug DUI case in San Diego, please contact Attorney Vik Monder anytime at 619-405-0063 or visit San Diego Criminal Attorney for more information.