Can I be charged with DUI for posession of marijuana? 71 Answers as of July 08, 2013

I wasn't smoking, just had around 1 ounce of weed in my car when I was pulled over. My car smelled when I got pulled over but I hadn't been smoking for 4-5 hours before I got pulled over. My test may show weed because I had smoked earlier but not when I was driving. What will happen?

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Law Office of Cotter C. Conway
Law Office of Cotter C. Conway | Cotter C. Conway
If you are tested within two hours of driving a vehicle and the result shows over a certain level of a prohibited substance (very low levels in cases of marijuana) in your blood, then you will be charged with DUI. It will not matter that you were smoking it 4 to 5 hours before you ever drove a vehicle. It will also not matter whether you were under the influence of marijuana at the time of driving. Contact me for a free consultation.
Answer Applies to: Nevada
Replied: 7/18/2011
A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
You can be charged with a DUI for marijuana or other drugs, if the officer had probable cause to pull you over and believe that you were under the influence at the time you were driving. It is very important that you consult with a criminal defense lawyer prior to going to court on your case. An attorney can go to court for you and request police reports and additional discovery such as audio and video of the car stop. This is important to argue that you were sober when taking the field sobriety test. Most importantly, an attorney can request a blood split which can show decreasing levels of THC in your system, indicating that you had not ingested THC in the hours prior to getting pulled over. You may also be charged with possession of marijuana which will be a separate misdemeanor from the DUI charge and the police report and audio and video will be very important for fighting this charge as well. The DA will only give the reports and discovery to an attorney so it is very important that you contact a criminal defense attorney prior to going to court for the first time.
Answer Applies to: California
Replied: 7/18/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
We recommend you retain a criminal defense attorney and discuss all the facts, along with your rights and options. As a former prosecutor, I once handled a vehicular homicide and DUI case based upon the driver being less safe to drive while under the influence of marijuana. I won the case. So, it is possible. See a lawyer ASAP! Good luck!
Answer Applies to: Georgia
Replied: 7/16/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
The law makes no distinction between DUI for alcohol or DUI for controlled substances. You can be arrested and convicted for driving under the influence of marihuana.The officer's opinion that you appeared to be drug affected to the extent that you were unable to safely operate a motor vehicle on the public streets is the issue that the Court must decide. The proof may be based on the smell of the marihuana coming from you vehicle as well as the field sobriety test that may have been administered. The punishment for DUI with marihuana is the same as alcohol.
Answer Applies to: Alabama
Replied: 7/15/2011
Attorney at Law
Attorney at Law | Michael J. Kennedy
If they think you are impaired in your driving due to mj, they can charge you. that does not mean they can prove it, and a "contact high" does not constitute impairment for driving purposes. You need to fight it, if you get charged.
Answer Applies to: California
Replied: 7/15/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    You will be charged.
    Answer Applies to: Michigan
    Replied: 7/15/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Smoking marijuana can be the basis for a DUI, if your ability to drive was impaired by the substance.
    Answer Applies to: Kansas
    Replied: 7/3/2013
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    It mostly depends on the other facts of the case,such as : How was your driving. How did you do on the field sobriety test, What did you tell the officer. There is not a good qualitative standard for DUI involving Mj. So the D.A. needs to rely on other factors to prove his case.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Offices of Scott Tibbedeaux
    Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
    If you any residual in your system while you were driving, there is a possibility that you could be charged with a DUI for possession of marijuana. Ca Veh Code 23222(b) covers possession of marijuana as opposed to Ca Veh Code 23152(a) driving under the influence of marijuana.
    Answer Applies to: California
    Replied: 7/19/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes the same as if you drank at a bar and were pulled over latter.
    Answer Applies to: California
    Replied: 6/10/2013
    Law Office of Thomas A. Medford, Jr., PC
    Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
    I f the police believe that you have smoked marijuana and the consumption has affected your ability to operate a motor vehicle they can charge you with driving under the influence of drugs. The government will have to present some type of proof the you actually consumed the drug. Naturally possession of marijuana is a criminal act which you can be separately arrested for.
    Answer Applies to: District of Columbia
    Replied: 7/14/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    They will charge you with driving under the influence of drugs. You need an attorney.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    The law in Michigan allows a charge of OWI for either alcohol or drugs. The section of the law pertaining to drugs prohibits driving if there is any amount of the drug in your system. You do not need to be smoking while driving for a conviction under this section of the law. You should seek the advise of a competent criminal defense attorney.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Castleberry & Elison
    Castleberry & Elison | Peter Castleberry
    Under Oregon law, you cannot be charged with DUI simply for possessing marijuana. However, it is unlawful to drive while under the influence of marijuana. Under the influence means impaired to a noticeable and perceptible degree. To convict you of DUII, the State will need to produce evidence of impairment.
    Answer Applies to: Oregon
    Replied: 7/14/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It all depends. More than 1 ounce an be a felony. It seems like you consented to blood test, it will show active THC and inactive. There is no cutoff for impaired by drugs, so with a good lawyer and decent judge you should not lose a dwi by drugs. Hire the best lawyer in your locality
    Answer Applies to: New Hampshire
    Replied: 7/14/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You should not be convicted of a DUI in this scenario.
    Answer Applies to: Washington
    Replied: 7/14/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    I wasn't smoking, just had around 1 ounce of weed in my car when I was pulled over. My car smelled when I got pulled over but I hadn't been smoking for 4-5 hours before I got pulled over. My test may show weed because I had smoked earlier but not when I was driving. What will happen? You will likely have a warrant issued for your arrest for DWI / drugs.
    Answer Applies to: New York
    Replied: 7/14/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should consider hiring an experienced criminal defense attorney in your local area to discuss your options. An attorney may be able to negotiate that the DUI charges be dropped in return for some sort of arrangement with regard to the possession charges or vice versa. Every case is different and the details of your circumstances will dictate what your options are - something an attorney will be able to determine after a thorough case evaluation.
    Answer Applies to: Louisiana
    Replied: 7/14/2011
    Pontrello Law
    Pontrello Law | William Pontrello
    if the officer feels like your driving was questionable he may also charge you with DUI.
    Answer Applies to: Florida
    Replied: 7/14/2011
    Dichter Law Office, PLLC
    Dichter Law Office, PLLC | Jonathan Dichter
    If the officer and prosecutor believe the pot affected your ability to drive - then yes - you can be charged. But being convicted is another story.
    Answer Applies to: Washington
    Replied: 7/14/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You may be charged with a DWI for having THC in your system while operating a motor vehicle if that consumption affected your driving.
    Answer Applies to: Minnesota
    Replied: 7/14/2011
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    Driving Under the Influence can be based on ANY amount of controlled substance in your system at the time you are in actual physical control of a car. Marijuana can remain in your system for days or weeks after smoking. If your test comes out positive, it can be the basis for a charge of DUI. Please understand that answering this doesn't create an attorney/client relationship between us, and as hard as I try to answer your question well, it isn't legal advice. No matter how much information you put into a question, the answers you are going to get are still going to be vague. It is in your interest to contact a lawyer, most of whom will do a free consultation. Even 15 minutes with a lawyer is going to produce a more specific answer to your problem.
    Answer Applies to: Illinois
    Replied: 7/14/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You can be charged because it is illegal for anyone to drive with drugs in the system. The trouble is that the test they do does not tell us if the active THC is in your system or just the used. I have attacked the test and been successful that my client was not currently high and driving. Real trouble is law says any illegal drug is a sufficient amount.
    Answer Applies to: Nebraska
    Replied: 7/14/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    If your symptoms, including how you were driving, indicate that you were under the influence, and you have marijuana in your system, you can be charged. These cases are harder to prove because there is no specific amount of marijuana in your system that can be deemed enough to be under the influence. So if you are charged you need a good attorney.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    Based upon the observations of the police officers of your driving and other factors observed, the police may charge you with driving under the influence of marijuana. Be prepared and consult an experienced attorney. Good Luck-
    Answer Applies to: New York
    Replied: 7/14/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You can be charged with possession of a controlled substance and, possibly, driving under the influence of drugs.
    Answer Applies to: Michigan
    Replied: 7/14/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    You can be charged, but the state is going to have trouble proving their case. You need to hire an attorney that is experienced in DUI defense.
    Answer Applies to: Georgia
    Replied: 7/14/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    DUIs with marijuana are much easier to fight than those with alcohol. However, based on what you've said, your test will come back positive, the implication being that you were under the influence while you were driving (you could still be under the influence even if the actual smoking occurred 4-5 hours before.) The DA has until your court date to decide whether to issue your case. In MJ cases, this will often depend on how the toxicology comes back. If your levels come back high there is a greater likelihood that the case will be issued than if the levels are low. Even if the case is issued, however, MJ cases are highly defensible as there is no set minimum level like there is for alcohol.
    Answer Applies to: California
    Replied: 7/14/2011
    Law Offices of Ramona Hallam
    Law Offices of Ramona Hallam | Ramona Hallam
    You may pick up a charge for possession, transporting, and/or DUI. A defense to the DUI might be to analyze the level of marijuana in your system. There are certain levels which indicate intoxication. All in all, however, if you smoked in your car, the police and District Attorney will want you to pick up a charge for having done so.
    Answer Applies to: California
    Replied: 7/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    That's a tough one for the State to prove. You have a good chance of beating that one. There are multiple issues to consider. Why were you initially stopped? Can the officer articulate facts that indicate you were doing something illegal to justify the stop? If so, did the officer give you field sobriety tests that you failed? There is no blood THC level maximum in any state statute. If you had less than an ounce, the possession charge is a misdemeanor. Hire a lawyer. Stay well.
    Answer Applies to: Alabama
    Replied: 7/13/2011
    Judin & Rogers
    Judin & Rogers | Hank Judin
    Charged, yes. The state must prove that at the time you were driving, you had lost the normal use of your mental or physical capacities by alcohol or drugs. Get good legal help.
    Answer Applies to: Texas
    Replied: 7/13/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    "Any presence" of a schedule 1 substance like THC is a violation of the law.
    Answer Applies to: Michigan
    Replied: 7/13/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You can be charged with DWI if the police believe your driving was impaired to any extent by alcohol, drugs, or even prescription. They do not test for pot so you have a chance to win the trial if you retain an experienced criminal attorney.
    Answer Applies to: New York
    Replied: 7/13/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes, you can be charged. But the prosecution will have to persuade a judge or jury beyond a reasonable doubt that you were impaired at the time you operated the vehicle. That will depend a lot on your conduct, results of field sobriety tests and other factors.
    Answer Applies to: New York
    Replied: 7/13/2011
    Law Office of Michael Morgan, l.L.C.
    Law Office of Michael Morgan, l.L.C. | Michael Morgan
    The prosecutor has to establish you were under the influence of marijuananot just that you possessed marijuana. The arresting officer, however, may be a drug recognition expert that may be able to establish you exhibited the effects of being under the influence of marijuana.
    Answer Applies to: Washington
    Replied: 7/13/2011
    The Law Firm of Aaron Bortel Esq.
    The Law Firm of Aaron Bortel Esq. | Aaron Bortel
    You can be charged with impaired driving. The vehicle code section is 23152(a) and it requires the prosecution to prove you were driving under the influence of alcohol ro drugs or both.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes, you will be charged with VC 23152(a). Contact a DUI specialist, because MJ cases are very defensible, since it is difficult to prove what amount you had in your system. Without the amount, it is very hard to prove intoxication. But good luck trying to explain this to the DA. You'll need a lawyer.
    Answer Applies to: California
    Replied: 7/13/2011
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    It depends. These cases are heavily determined on the facts of your case. If facts are present to show impairment, then you could be convicted. If not, you can beat the case.
    Answer Applies to: Arkansas
    Replied: 7/13/2011
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    There is a charge for OUI (Operating Under the Influence) of Drugs and marijuana qualifies. A good Criminal Defense attorney will make it a difficult case for the prosecution to prove, but do not take this case lightly or you will end up with your 1st OUI drugs.
    Answer Applies to: Massachusetts
    Replied: 7/13/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    They have to be able to show that your driving was impaired because of marijuana. That's going to be tough for them to do, since there is no magic number of THC (if they can even prove there was any active in your system vs. metabolites) that can put you under the influence. The reason for your stop and all the facts of the case are going to matter. This is one that you should definitely sit down with a local criminal defense attorney to discuss the facts and your defenses. Marijuana DUI cases are notoriously difficult for the DA to prove.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Yes, you can be charged with "Driving Under the Influence" if you had Marijuana. A DUI does not necessarily have to involve alcohol, it may also be due to drugs. However, mere possession of a drug isn't enough to justify conviction. Depending on how much was smoked, when you stopped, what was eaten in between, etc, the lab results may come back with no drug in your system. That would help your case. I suggest you speak with an attorney in your area and do not count on the District Attorney being "cool" and dismissing the case just because. You will need an attorney to negotiate a settlement or dismissal on your behalf.
    Answer Applies to: California
    Replied: 7/13/2011
    Law Offices of Jacek W. Lentz
    Law Offices of Jacek W. Lentz | Jacek W. Lentz
    It is quite common nowadays for cops to charge people possessing pot with weed related DUIs. They know that if they charge simple possession most people will have their cases dismissed. While a marijuana related DUI is not necessarily the easiest for the prosecution to prove, such prosecutions are common and you should talk to an attorney who has experience in these particular cases. The fact that your car smelled will hurt you but, because there is no blood alcohol content impairment standard for marijuana, your case should be defensible.
    Answer Applies to: California
    Replied: 7/13/2011
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    You can be charged with a Drug DUI, yes. However, they can only prove a drug DUI if they can prove you were "affected" by the consumption of marijuana. Regardless of the amount of MJ in your system, if the prosecutor cannot prove you were affected by the drug, then the case is very weak indeed.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes: A DUI is not limited to alcohol consumption. A DUI is driving under the influence of alcohol and/or drugs. If your driving was "affected to an appreciable degree", then you can certainly be charged. You can also be charged with possession - a completely separate offense.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    You cannot be charged with a DUII for possession of marijuana, however; you can be charged with a DUII for consumption of marijuana. The prosecution may attempt to prove that you were impaired by marijuana consumption even four to five hours after smoking. Marijuana DUII's are complicated and I advise you speak with an attorney regarding this matter. One more issue you may have is a potential criminal charge for the possession of marijuana, which depends on the amount of marijuana possessed.
    Answer Applies to: Oregon
    Replied: 7/13/2011
    Law Offices of Sean Logue
    Law Offices of Sean Logue | Sean Logue
    You can be charged with a drug related DUI.
    Answer Applies to: Pennsylvania
    Replied: 7/13/2011
    West law Office
    West law Office | Russell West
    A DUI includes both alcohol and drugs so if there is evidence you were under the influence of drugs you can be charged. However there is no reliable test for marijuana to determine the extent of influence while driving like there is for alcohol. The state must prove beyond a reasonable doubt you were impaired to the point of not driving safely. They will need to use tests such a field sobriety test to determine your level of impairment as their case against you. You should contact an attorney so they can evaluate your case to see if they can get it dismissed or a possible plea bargain. You can also go to trial.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    You can definitely be formally prosecuted for a DUI based upon the DA and cops belief you had operated your vehicle while "under the influence" of marijuana. The blood test result may show marijuana in your system. The DA will have an expert who will be prepared to testify that based upon the amount of MJ in your system you were under the influence. You will need to retain an experienced DUI defense law firm to argue you were not under the influence of anything and you may need to retain an expert as part of your defense.
    Answer Applies to: California
    Replied: 7/13/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Marijuana will easily stay in your body for a week or more and even a month in some cases. If it is still in your system then you can be charged with Driving Under the Influence of an Intoxicating Substance Marijuana which is just like driving drunk only you have marijuana in your system. You should consult with an experienced DUI soon and have him review the police report and lab results. There may be errors that can get the charges dismissed or reduced or other options that may be available to you.
    Answer Applies to: Michigan
    Replied: 7/13/2011
    Law Office of Johnny Lai, Inc.
    Law Office of Johnny Lai, Inc. | Johnny Lai
    Yes, you may be *charged* for under the influence of alcohol and/or drugs if you were under the influence of marajuana, but charges are just allegations which must still be proven in court. If they gave you a chemical test, the results often are not back before they make a charging decision. Even when they get results back (which will often not occur until well into the pretrial stages of the case), that is no guarantee they will dismiss the case. If you believe you did not have enough marijuana in your system to make you under the influence at the time, your attorney will want to get an independent lab test done and an chemical expert for the trial. I recommend you contact an attorney who can help you fight your case.
    Answer Applies to: California
    Replied: 7/13/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    As Driving Under the Influence, a DUI doesn't have to mean alcohol. It can mean under the influence of anything that impairs your ability to operate a motor vehicle. You need to hire an attorney.
    Answer Applies to: Alabama
    Replied: 7/13/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    That will depend on your THC - blood concentration. Marijuana metabolites called canabinoids stay in the system for weeks. However, it is not illegal to smoke weed and drive unless your ability to drive has been impaired to an appreciable degree. I assume you gave blood and the State Toxicologist will run the blood through a gas chromatograph to determine THC levels. Then he will opine whether those levels would impair your ability to drive to an appreciable degree. In turn, you may hire your own expert to dispute that the level of THC impaired your driving. It will be expensive but you may be able to beat the DUII charge. If you were arrested in Clark, Skamania or Cowlitz Counties, I may be able to help you.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Obviously you can be charged with possessing the marijuana. Depending on where the marijuana was located in the car & other factors (driving, ownership, etc), they MIGHT have a bit of a time proving possession so that may be the reason that they tested you (although the officer's testimony that he smelled the marijuana would be sufficient if believed.) You could be charged with DWI - it is not DUI in Texas unless you are charged with driving under the influence of alcohol and you are under 21. Driving while intoxicated can be charged as the result of the loss of the normal use of the mental and / or physical faculties due to the introduction of alcohol, drugs, or a combination into the body. Generally if there is a suspicion of intoxication as a result of drug use, they will take a urine and / or blood test as well as given specialized tests (demonstrated and evaluated by a specially trained person) that are supposed to provide more information about the effects of any drugs. If they only thing they got was a dirty UA without more, it will be tough (not impossible) to prosecute for DWI. But, I've seen them do more on less evidence.
    Answer Applies to: Texas
    Replied: 7/13/2011
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Yes, an individual can be charged. They are very difficult cases for the prosecutor (state or municipal) to prove but they can and are charged.
    Answer Applies to: Oregon
    Replied: 7/13/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Yes. You can be charged with driving under the influence of drugs - same as DWI. You should retain counsel.
    Answer Applies to: New York
    Replied: 7/13/2011
    Leyba Defense, PLLC
    Leyba Defense, PLLC | Matthew Leyba
    If the officer suspected your ability to drive was affected by drugs then you could be charged with a DUI. However if there was no blood test to determine what level of marijuana was in your system and whether the marijuana was still active, then chances are you probably will not be charged with DUI. You should probably speak with an experienced DUI Attorney to discuss the case in further detail.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Law Office of Michael Brodsky
    Law Office of Michael Brodsky | Michael Brodsky
    Marijuana DUIs are extremely difficult to prove but that doesn't stop the prosecutors from trying. They will argue that you were still affected by the marijuana while you were driving. You should seek the advice of an attorney experienced in DUI defense.
    Answer Applies to: Washington
    Replied: 7/13/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    For Possession?? No. For being under the influence while driving? Yes. Blood tests or officer observation of your condition can be used to convict you of DUI. You will be amazed at how descriptive the officers report will be. What will happen? Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does
    Answer Applies to: California
    Replied: 7/13/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    It's hard to say. As I understand, the science for testing when a person actually ingested marijuana is unclear. If the DA can prove that you ingested marijuana close enough to the time of driving so that you were actually impaired by the drug, you may be convicted of a DUI. However, since the DA has the burden of proving up a conviction, a good lawyer may be able to reduce your charges because it is hard to prove that theory with the science used.
    Answer Applies to: California
    Replied: 7/13/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    It is very difficult to prove impairment for MJ. Simple possession of MJ alone is not evidence that you were driving under the influence.
    Answer Applies to: California
    Replied: 7/13/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    You can only be convicted of driving under the influence of marijuana if the prosecution can prove you were "under the influence" of it. Mere detection of marijuana in your system would not be enough to convict. They have to prove the quantitative amount was enough to impair your ability to drive a motor vehicle safely. Mere possession is not enough and mere detection of traces in your blood system is not enough.
    Answer Applies to: California
    Replied: 7/13/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If you had the marijuana in your system, you will be charged with operating while intox. by drugs. A misdemeanor like OWI. You will certainly need a good local attorney if those charges are pending.
    Answer Applies to: Michigan
    Replied: 7/13/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You know, weed stays in your system for well over four or five hours, and I am positive the blood tests will show traces of it in the results. The officer had probable cause to suspect you were under the influence by the odor of pot, and the fact you possessed pot at the time of the stop. Besides the actual test results, the officer's observations of you after the stop will come into play, as well. Retain a really good lawyer to represent you, and be prepared to submit to counselling, after your evaluation with a DASA registered agency.
    Answer Applies to: Illinois
    Replied: 7/13/2011
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    Yes you can be charged, but you may be able to beat the charge at trial. You will need a lawyer to look at all the evidence and give you advice.
    Answer Applies to: Kentucky
    Replied: 7/13/2011
    Smith & John
    Smith & John | Kenneth Craig Smith, Jr.
    If the State can prove that you were impaired from the marijuana then there is chance that you could be convicted.
    Answer Applies to: Louisiana
    Replied: 7/13/2011
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    A blood test, if one was taken, will test for the active metabolites of THC and the inactive. In Colorado, if an expert presents an opinion that the active THC level was high enough that it was affecting your ability to drive it could result in your conviction.
    Answer Applies to: Colorado
    Replied: 7/13/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    If marijuana is found in your system you can be arrested even if you did not smoke in 4 hours.
    Answer Applies to: Connecticut
    Replied: 7/13/2011
    Apple Law Firm PLLC
    Apple Law Firm PLLC | David Goldman
    I think you need to find a criminal defense lawyer soon.
    Answer Applies to: Florida
    Replied: 7/8/2013
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