If you have drugs while driving, San Diego California DUI Attorney Rick Mueller suggests you should store them in the trunk and do NOT admit to using any drugs as part of your right to remain silent. You may also want to mask any smell prior to driving, California DUI lawyers point out...especially if a new portable breath test for drugs - including cocaine, Xanax and marijuana - is ever used by California drunk driving police.
In California, one can be prosecuted for DUI - drugs while driving in certain situations.
The Swedes claim to be able to use a hand-held breath test sampler to purportedly identify twelve drug substances taken in previous twenty-four hours. The research used forty drug addition subjects recovering at a center, according to the Journal of Breath Research issue dated 4/26/13.
In addition to benzoylecgonine (cocaine byproduct) and alprazolam (Xanax active ingredient), the research claims to be able to find in a subject's breath: oxazepam (sedative), diazepam (Valium), buprenorphine (synthetic narcotic), tetrahydrocannabinol (THC, active ingredient in marijuana), 6-acetylmorphine, morphine, methamphetamine, amphetamine and methadone.
The research Professor said he was surprised to find there was a high detectability for most drugs in light of the fact that samples were taken within 24 hours of ingestion of drugs.
In DUI cases, blood tests could be taken at jail or station, remind California lawyers. But this would be easier for San Diego California DUI cops patrolling or handling San Diego drunk driving checkpoints, attorneys are told. There are no studies of the correlation between Blood and roadside Breath Concentrations.
How does this work? The micro-particles that carry certain substances picked up from the fluid lining the airway are contained in exhaled breath. Any inhaled compound or present in one's body can contaminate this fluid and pass into one's breath where it can be detected by one of these portable breath tests, scientists claim in theory.
Their "SensAbues" gadget is made in Sweden; it has a mouthpiece and micro-particle filter which a driver could blow into. The saliva and large particles are separated from the micro-particles that need to be measured. Then the micro-particles go onto a filter which can then be sealed and stored until a better analysis is done using lab tests known as liquid chromatography & mass spectrometry.
California DUI criminal defense attorneys believe there are many uncertainties and questions regarding this new study. The gadgets may be unreliable and untrustworthy in critical ways, say California DUI lawyers.