QUESTION
Will I face jail time for a non-alcohol related DUI?
Asked on Mar 13th, 2013 on DUI/DWI - California
More details to this question:
The other day I was pulled over for a seat belt violation. The officer of course smelled marijuana in the car. I was completely honest with the officer and was charged with DUI, Simple possession and not wearing a seatbelt. I took a breathalyzer which came at 0.00 of course and I refused to take the pee test. I’m not so worried about the possession because I know I can pay the fine and do what I need to get it removed from my record. I am scared about the DUI. I have never been in trouble. This is my first time. I will do anything to stay out of jail and I greatly regret doing what I did. My arresting officer even said he would try to help me but you never know. Is it certain I will face jail time or is it a smaller chance?
7 ANSWERS
Michael J. Breczinski
It is not certain that you will face jail. That is up to the judge.
Answered on Mar 19th, 2013 at 12:19 PM
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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Your instincts are correct about the police officer. He is not likely to do anything to help you at this point. Don't just assume that you can make the possession charge go away so easily. You may be eligible for a deferral under the pubic health code but, if not, it will go on your record. Also, the driving offense cannot be expunged. You need to be talking with an attorney who is familiar with the court where your case is.
Answered on Mar 14th, 2013 at 3:46 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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All they have to prove is that you were driving with marijuana in your system to convict you of OWI. They will need some type of chemical test result to show that, either a blood or urine test. They can't just take your word for it. Are you sure you've been charged with OWI? If so, make sure you retain the services of a good DUI attorney in your area because a lot is at stake. While jail for first time offenders is still rare, it's becoming more common place than it used to, especially in certain jurisdictions.
Answered on Mar 14th, 2013 at 3:46 PM
Possibly. VC 23152(a) has the same consequences as an alcohol DUI. But MJ concentration is very difficult to prove, so you should hire a DUI specialist to fight the case!
Answered on Mar 14th, 2013 at 11:19 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You will require a good attorney to defend you. The DUI is extremely serious and you should do everything you can do avoid having a driving under the influence placed on your record. It will be there forever, effect your insurance and your employability.
Answered on Mar 14th, 2013 at 11:00 AM
Accidents Attorney serving Boston, MA
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Kelly & Associates Injury Lawyers
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I would consult a criminal defense attorney in the area. With an attorney's aid, it is likely they can have the sentence / charge reduced on the account this is a first offense.
Answered on Mar 14th, 2013 at 10:59 AM
Geoffrey MacLaren Yaryan
Significant jail time is highly unlikely. Moreover it is difficult to prove that marijuana impaired you ability to drive safely especially since the officer apparently say no bad driving.
Answered on Mar 14th, 2013 at 10:58 AM