What happens if a cop suspects that you are high?

UPDATED: Dec 8, 2013

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What happens if a cop suspects that you are high?

High but not in any possession and not driving. You’re just walking around high. I know technically you could get public intoxication but how could they prove you are high? This happened to me and I passed the walking in a line test but then they said they could drug test me and I admitted I was high and got PI. Could they have really drug tested me if I continued to deny it? Basically, when high in public with nothing on you, if you pass the field test and deny being high can you walk away? Or will they drug test you and bust you on reasonable suspicion that they smell it on you or your eyes are red?

Asked on December 8, 2013 under Criminal Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The answer to your question is that if law enforcement suspects that a person is high and is a danger to himself that person can be taken to a medical facility for safety reasons and blood drawn. Based upon what you have written about, you should consult with a criminal defense attorney to see what defenses are available to you. One on attorneypages.com can be found in your locality.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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