Does a marijuana offense add to a DUI? How? 10 Answers as of May 27, 2015

I got a DUI with a BAC of .1 but within this past year I had also been charged with marijuana possession. Will these add up to a greater charge for my DUI or will I just have to face the first offense DUI charge?

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S. Joseph Schramm | Joseph Schramm
Pennsylvania's DUI statute also applies to persons driving under the influence of controlled substances. Such persons are treated as having a BAC of .16% or higher. If you were determined to have had the marijuana in your system at the time you would be deemed to have been driving with a BAC of .16 or higher. Since you already have one DUI on your record you might be facing a 1st degree misdemeanor conviction, an 18 month license suspension, 90 days to 5 years imprisonment, a fine ranging from $1,500.00 to $10,000.00 and a one-year ignition interlock installed in your car. You might have a mitigating defense if the police could only prove possession of the marijuana at the time of your arrest and not that you were under its influence at the time you were driving. Considering the potential consequences involved you should retain counsel to represent you in this matter.
Answer Applies to: Pennsylvania
Replied: 5/27/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
I cannot understand your question. Is there a second driving charge based on drugs? Engage an attorney now with the details on both charges
Answer Applies to: Michigan
Replied: 5/27/2015
Law Offices of Phil Hache
Law Offices of Phil Hache | Phil Hache
Please clarify. Are you charged with possession of marajuana at the time of your DUI arrest, or was there a previous citation or arrest for possession of marajuana. Also, how much marajuana are we talking about? Once I have the answer to those and a couple other questions, I could advise you a bit more on what to expect with the current case, and if there is any probation violation issue to consider.
Answer Applies to: California
Replied: 5/27/2015
Best DUI Lawyer
Best DUI Lawyer | Aniko Hoover
Sounds like they were separate arrests and most likely will not affect one another.
Answer Applies to: California
Replied: 5/26/2015
Law Offices of Stephanie Lee Ehrbright, Esq.
Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
You can get charged separately with Possession of drugs and you can also get a DUI charge for driving under the influence of drugs. The possession charge will likely be separately filed in Maricopa County Superior Court, so then you would have two cases going in two different courts.
Answer Applies to: Arizona
Replied: 5/26/2015
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Each new offense tells the prosecutor that you have a dependency problem, so the jail time goes up, the fine goes up and whatever else in penalties goes up.
    Answer Applies to: Georgia
    Replied: 5/26/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The OWI (=DUI) stands on its own, and should not be directly affected by the possession charge. On the other hand, having the possession conviction could make a prosecutor less willing to be lenient on a plea bargain. Having a lawyer to advise and represent you in these matters is always a good idea. I don't want to be a prig, but let me urge you to give serious thought to why you behaved so as to have these two charges on you, and whether you might want to re-think some choices you have been making. There's nothing much wrong with drinking, or perhaps even using m/j moderately, but don't drive a car when you might possibly be under the influence. Besides, there's always sex and rock and roll, so you can find entertainment in other activities. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/26/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    No, but both will need to be dealt with separately. You should hire a lawyer and get the MJ charged dismissed. It's a relatively minor charge, but by yourself you will be duped into a guilty plea and have a criminal record. As for the DUI, the advice is the same. You should hire a DUI lawyer and explore alternatives to a guilty plea.
    Answer Applies to: California
    Replied: 5/26/2015
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    No, the Prosecutor can not enhance your DUI sentence because of a marijuana conviction.
    Answer Applies to: Missouri
    Replied: 5/26/2015
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    First offense DUI and possession first offense.
    Answer Applies to: Nevada
    Replied: 5/26/2015
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