DUI drug tested at arraignment
Question: I was arrested for Drug DUI and possession of drugs in San Fernando, CA. I have a court date coming up and recently smoked marijuana. I have a medical card and can do so legally, but I don’t know how that will be impacted now that I was arrested for a drug related charge.
Will I be drug tested at the arraignment? If so and I test positive, how will that effect the charges against me? Will they take me to jail right then and there? Will it mean that I am convicted?
Answer: I have never heard of any case where someone is drug tested at an arraignment. Generally, additional drug testing could be done if you were on formal probation (as a condition of the probation), but that is something that would potentially occur once you were convicted.
I would recommend being sober at the hearing though. If you show up and obviously intoxicated, that would not look good in your current case as far as negotiating for a good plea bargain or winning points with the Judge. Also, they could potentially take you in on a new charge for public intoxication, or a similar charge.
To answer your other question, in some situations depending on the charge(s), it is possible that the Judge could make you post bail or take you into custody, even if you were originally released on the night of your arrest on your own recognizance. I would need to know more about your case to give a more accurate assessment as to the likelihood of you having such an issue.
Factors that can come into play include your prior criminal history. For example, if this is your third or fourth DUI, the chances of that being an issue increase. If that does become an issue, your attorney can argue on your behalf to avoid any kind of bail necessary for continued release from custody.
Call me to discuss further. Keep in mind that on misdemeanor charges, I could appear in court without you being present at the hearings.
DUI & Criminal Defense Attorney