Can you be charged with a DUI for smoking week the day before? 9 Answers as of July 28, 2015

My mom got pulled over by the cops because she had a car with a cracked windshield. The police say they smelled marijuana in the vehicle when they got to the window to talk to her. Mom says that she did smoke the previous day, but that she had not smoked or had anything to drink the entire day she got pulled over. Do you think we need to hire a lawyer for the first court date?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Whether it is the first court date or the tenth, you will need an attorney, unless she knows how to select a jury and argue her case.
Answer Applies to: Georgia
Replied: 7/28/2015
Law Office of John G. Galasso | John George Galasso
Yes; The issue is whether she was impaired or not; smelling like weed is not a crime; driving impaired because of weed useage is the same as dui using alcohol
Answer Applies to: Ohio
Replied: 7/28/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
The offense is driving with any detectable amount of THC in the driver's bloodstream. I have been taught that this constitutent of m/j can be found in the blood as much as 72 hours after ingestion. She definitely should consult with a criminal lawyer. She may not absolutely need one for her first court date, but it's probably a good idea.
Answer Applies to: Wisconsin
Replied: 7/28/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
The consequences for a drug DUI are the same as those of an alcohol DUI. However, drug DUIs are much harder to prove, because there isn't a specific concentration that the state deems as impairment. With that said, you need to hire a DUI specialist, because by yourself the prosecutor simply won't budge.
Answer Applies to: California
Replied: 7/28/2015
Nichols Law Firm
Nichols Law Firm | Michael J. Nichols
They may charge you but a conviction is entirely different. Get a qualified DUI attorney.
Answer Applies to: Michigan
Replied: 7/28/2015
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Yes, get an attorney asap. She may have defenses to her charges.
    Answer Applies to: Minnesota
    Replied: 7/28/2015
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Yes. Lawyer up. The first test the state does will show mj in her system. This is enough to charge. That test is bullshit. Only when she presses to trial will they do the test that shows she only has the non-psychoactive metabolite in her system.
    Answer Applies to: California
    Replied: 7/28/2015
    Best DUI Lawyer
    Best DUI Lawyer | Aniko Hoover
    There is now evidence that even 4ng/ml causes impairment even though many states like Washington, Colorado and Montana won't give a DUI for 4.0ng only 5ng/ml. But we live in California... YOUR THC LEVEL IS LIKELY TO COME BACK OVER 2ng/ml since you smoke chronically.
    Answer Applies to: California
    Replied: 7/28/2015
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Yes, a person can be charged with DUI for driving with any amount of cannabis in his or her blood, breath or urine. The Illinois House and Senate recently passed a bill that would change this law, but as of today, the Governor has not signed it into law. It would not be retroactive if passed.
    Answer Applies to: Illinois
    Replied: 7/28/2015
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