Stopped and Asked to Take a Drug Swab?

  • By:DUI Blog

With all of this talk about states allowing recreational marijuana, medical marijuana dispensaries located throughout Southern California, and most importantly LAPD using instant swab tests, I would be remiss not to mention tips for dealing with roadside weed tests.

In my previous post, I mentioned that the Los Angeles Police Department began using a roadside swab to test New Year’s partiers who took to the road after taking one of seven drugs, including marijuana. It seems that the test will begin being used regularly at DUI checkpoints.

So what should you do if stopped by police and asked to take a swab?

Similar rules apply for the swab as they do for a breathalyzer. Drivers have rights and one of those rights is the right to refuse the swab. Unless you’re arrested, law enforcement must have a warrant to take blood to determine if there are drugs in your system. Without a probable cause and a warrant, you cannot be forced to give a blood.

If, however, you are arrested for driving under the influence of drugs or alcohol, you must submit to a chemical test which includes either a breath test or a blood test. That chemical test does not include the drug swab, for now. So, even if you refuse a swab after a DUI arrest, there are no additional penalties. Don’t be surprised if, sometime in the near future, legislation is introduced to provide additional penalties for a refusal of a drug swab following a DUI of drugs.

Until then, protect your rights and refuse the drug swab because the less information that law enforcement has, the better case you have.

Posted in: Chemical Tests, Field Evidence, Recent News


2 Responses to “Stopped and Asked to Take a Drug Swab?”

  1. Miku

    WTF happened to civil rights? Am I the only one who’s outraged?!?! This is the proverbial poked with a needle 1000 times till you bleed to death slowly- instead of jabbing the big blade once!!! Little by little using us as experiments for their so called laws ?!? Who’s laws are they? Who are the beneficial parties? Follow the $$$ trail and answer these for yourself and the truth and facts will astound you ….. They are treating people like money !!! And WE THE PEOPLE ARE BROKE!!!!!
    This is a complete entrapment violation of god given rights and contradictory to ” innocent until proven guilty” rhetoric
    They spew from their mouths- swab tests aren’t even proven outside their labs or by independent sources and are inaccurate . Do they swab for cough medicine impaired sick people whom drive around ? Or swab for prescription meds like Prozac Zoloft or riddlin ??? No no no !!! They should pull people over in this state for being STUPID drivers!!!! Never seen a worse con census of idiots behind the wheel in any state or country!!! No wonder they need to invent laws opon laws to protect the mindless ( can’t even park after 10 try’s ) morons who carry a drivers permit!!! After the intimidation I received from sheriff john brown and his cronies – not even driving …. Walking to my vehicle I was blocked in searched and harassed
    About drugs and being high / driving impaired ?!?!!!!! Asking me submit to “SWAB TEST” implies I am high ? I reply NO I haven’t smoked marijuana or drank any thing – he implies something else?” I infer cocaine or meth?!?! Nice assumption and scare tactic ….. We all know they have our record before they get out of the car these days with the tech gear they have on every single police car especially sheriffs cruisers!!! I HAVE NO RECORD AT ALL AFTER 34 years !!!! I was honest about NO I wasn’t high – and still stand accused abused condemned FOR WHAT???? The other sheriffs spend their time searching my entire Motor vehicle for whatever find nothing at all 1 hour later I leave and drive past the first tone who threatened me with DUI in the first place!!!! I beg you all WAKE UP!!! Do not allow this DNA SWAB ” AKA DRUG TEST SURVIVE …..

    January 30, 2014 - 11:43 pm #
  2. Alex

    Hello Lawrence,

    I have read on certain articles that if you refuse to take the swab test, it will lead to an automatic driver’s license suspension. Is that right?

    Thank you for your valuable information!

    March 18, 2014 - 7:20 pm #