What is going to happen if one has a DWI with a prior and marijuana? 9 Answers as of June 03, 2015

They pulled me over for tag lights and then they gave me the roadside and they found an ounce in my car. I have a prior DWI. What is that going to do? What is the marijuana going to do?

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Chambers Law Firm
Chambers Law Firm | Dan E. Chambers
You're looking at being a second time DUI and possible jail time. Hire a good DUI attorney in your area.
Answer Applies to: California
Replied: 6/3/2015
Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
Depends upon a lot of factors. If you are still on probation for the 1st DUI, then the court can impose additional penalties on that case for violation of probation. PLUS you have to deal with a second DUI, which if convicted carries the following MINIMUM penalties: If your prior DUI was within the past 7 years: 30 days in jail, fines in excess of $2,000.00, 2 year license suspension, followed by a minimum 1 year of interlock on your vehicle, drug / alcohol treatment, and other recommendations by the court. Again... these are minimums..... the maximum is 1 year in jail and a $5,000.00 fine.
Answer Applies to: Washington
Replied: 5/29/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Whatever the marijuana does, it is not going to give you much pleasure. You could be charged with possession which can be a simple county ordinance violation, or a misdemeanor. In some cases the prosecutors are a little lenient, and will not charge you with possession, or give up that charge as part of a deal in which you plead to OWI-second. There is some minimum jail time with a conviction for a second OWI, so you would do well by retaining an experienced lawyer.
Answer Applies to: Wisconsin
Replied: 5/29/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You should hire a lawyer and get this relatively minor charge dismissed. By yourself you're going to get a criminal record, and it isn't worth it.
Answer Applies to: California
Replied: 5/29/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
You need an attorney, a good one, badly.
Answer Applies to: Michigan
Replied: 5/29/2015
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    If it is under an ounce it is only a misdemeanor. You probably will need to pay a fine and possibly attend drug court. You will not go to jail unless yo really upset the judge.
    Answer Applies to: Nevada
    Replied: 5/29/2015
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Nothing, in light of the fact that you have two DUIs.
    Answer Applies to: Georgia
    Replied: 5/29/2015
    Best DUI Lawyer
    Best DUI Lawyer | Aniko Hoover
    They will charge you with a second DUI if your first DWI was within 10 years ago and they find it. If they don't find your prior you might be charged with a 1st DUI. If they didn't arrest you for possession of marijuana then you might not be charged with it, but you could be. If the arrested you for it, well then they will probably charge you for it. Your case will all be addressed together, and if they charge you with the drugs, it could add some "days" of time and more "fines" to your case. In the end, however, you probably will be offered work release or house arrest as an option of actually going to jail. It all depends on where you live. Each county is different and each district attorney is a little bit different as well.
    Answer Applies to: California
    Replied: 5/29/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    You will likely have two separate cases. One in city court for the DUI, for possibly alcohol and for being under the influence of marijuana, and then a case in Superior Court for the marijuana. You might qualify for a program called TASK for the marijuana possession if you have no other priors. That program could get that case dismissed off your record if you do everything they ask of you. You would still have to deal with the DUI case separately though.
    Answer Applies to: Arizona
    Replied: 5/29/2015
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