QUESTION
Can I be charged with marijuana driving under the influence?
Asked on Apr 07th, 2013 on DUI/DWI - Georgia
More details to this question:
Earlier this weekend, I was arrested for driving while under the influence of marijuana. I had no marijuana in my possession but the car smelled like marijuana. I had told the police officers I smoked in my car much earlier that day. I refused to take the drug the test but passed the BAC test.
4 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes you can.
Answered on Apr 09th, 2013 at 2:45 AM
There are two different questions that you are asking. If a prosecutor will charge you with DUI-marijuana depends on the other facts and circumstances of the arrest. In addition to the refusal to take the evidentiary test, any performance on FST's, pulse, eyes, smell will all be used by the government to determine if it can prove that you were under the influence of marijuana at the time you were driving. If the officer had probable cause to believe you were DUI-marijuana, you would be required to submit to a blood test. Refusing to submit to the test could prompt the DMV to revoke your license for one year, regardless if the government files criminal charges or not.
Answered on Apr 09th, 2013 at 12:45 AM
Congrats on passing a blood alcohol test, although it has little to do with matters if you are charged DUI of a CDS. You can contest the charge,but you'll need to overcome your own words. Yes, you said it was much earlier in the day, but the state will have a trained officer to testify your driving was erratic enough to garner his attention and you volunteered you were not drinking but had been smoking that day. If you are in a trial setting, whether you are in an area with liberal attitudes toward the substance, or in my state of OK, can color a lot of the thinking that goes into making a decision on your culpability. If you do not have one already, get counsel.
Answered on Apr 08th, 2013 at 9:48 PM
Chapter 7 Bankruptcy Attorney serving Appleton, WI
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Sisson & Kachinsky Law Offices
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Yes. It stays in your blood typically up to 30 days.
Answered on Apr 08th, 2013 at 12:03 PM