Will having drugs in my car count as a DUI? 2 Answers as of March 06, 2014

I got pulled over for tints but I got arrested in NYC for having a gram of Molly (MDMA) with me. I was in a jail sail for like 2 hours or less. I can tell the cops fell bad for me. It's my first offense ever so that's why they let me go. I have court in 2 months. What should I expect? What should I do? I'm scare. Don't want a DUI or jail time. At this point I'm freaking out.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
In order to be convicted of driving while impaired by drugs, the state must prove beyond a reasonable doubt that you were under the influence of the drugs at the time of driving. Simply possessing drugs is not enough. They often do this via statements they claim you made, or blood or urine test taken at the time of arrest. Even if they cannot prove that charge, your possession charge is a very serious charge and you should seek an experienced attorney who specializes in drug cases and illegal searches.
Answer Applies to: New York
Replied: 3/6/2014
Rothstein Law PLLC
Rothstein Law PLLC | Eric Rothstein
You will be charged with Criminal Possession of a Controlled Substance in the 7th Degree for the Molly. Did you do a blood or urine test? If yes and it shows drugs you can be charged with DUI under VTL 1192.4. Even if you didn't take a test you can still be charged for DUI depending on the Police Officer's observations of you. I suggest you hire a good criminal defense lawyer.
Answer Applies to: New York
Replied: 3/5/2014
Click to View More Answers: