Will this DWI charge stand up in court?

Question

I was pulled over late at night about a week ago, because I paused too long at a green light before taking off. It was 3am. The officer told me my eyes were red (no kidding, I just woke up for work, i'm tired) and that I looked sleepy. He had me get out of the car and do a road test, which I passed.

He then told me he was still 'suspicious' about my appearance and took me to a police substation for a drug test. It turned up positive for THC, because I had smoked weed about 10 days before. So I was issued a DWI, my car was towed, and I have a court date.

There were no drugs in my car...I consented to a search. I have no criminal history.

Can I get a DWI charge just because I smoked with a friend 10 days before? This seems crazy. All because I 'looked tired'. Working 80 hour weeks will do that!

Answer 1

I have seen this before, you need to retain a lawyer; but, its going to be your legal burden  to demonstrate by third party evidence that on the day you where arrested that you had not smoked or under the influence of pot, it will require an expert in blood test to testify that the level of THC in your blood correlates to smoking weed ten days ago and could not be associated with smoking that day  

Answer 2

smoking weed is a personal choice in europe and south america.

fight it. i doubt the judge will care or show sympathy, but again I don't think the DA will bother to go through a lot of trouble to prosecute this case.

Answer 3

It can stand unless you have an excellent lawyer and a drug expert to testify on your behalf.  i can certainly appreciate that you last smoked 10 days ago.  If the blood sample is preserved, have your expert see what the nanogram level was for THC.  If the level is in the thousands, then you screwed because that shows recent ingestion.  If it is in the hundreds then you will be exonerated.  My fear is that the police did not preserve the sample of blood/urine, so all you will have in court is a positive drug test, a cop who says your eyes were red, along with the slow reaction to the green light.  I can almost predict that in his report he will throw in that he smelled marijuana on or about your car or person, even if that is not true (cops do that).  To me the key to your case is the blood/urine sample.  Take immediate steps to make sure it is preserved and not thrown away.   Now there may be some hope.  Maybe the nanogram level was low but the cops did not want to take a chance in letting an intoxicated driver on the street, so to prevent any chance of problems, they arrested you.  There is little chance that the police knew what the nanogram level was the night the test was taken, only that THC was present.  

Answer 4

Go to NORML.ORG.

Look for the drugged driving link which lists state by state drugged driving laws for details in the state you reside.

With that being said, I can tell you this.

Detectable levels of Marijuana can remain in your blood system for 30 days (sometimes more) even if you have not smoked marijuana in the last 30 days.

If your blood was drawn and found to be positive for Marijuana metabolites, you can and will be convicted.

The only excpetion that may give you legal grounds to challenge the exsisting law is this.  If your state has a law enacted to provide for medical marijuana usage, a good attorney can challenge the exisiting drugged driving law in your state under the Consititutional FOURTEEENTH AMENDMENT EQUAL PROTECTION CLAUSE which offers "equal protection" for US citizens.

THERE IS ALSO EXISITING LEGAL PRECEDENT.  IN 1999 THE GEORGIA STATE SUPREME COURT RULED AGAINST THE STATE OF GEORGIA IN "LOVE VS. GEORGIA".

Everett Love was pulled over for speeding in 1996. Police smelled marijuana in his car.  He was arrested for DUI. The Georgia Supreme Court ruled that the law for driving under the influence of marijuana failed to draw a distinction between users of legal and illelgal marijuana.  The court also ruled that the exsisiting law was arbitraily used and therefor, unconstitutional because it violated the EQUAL PROTECTION CLAUSE, AND the state of Georgian does not have a medical marijuana law on the books.

Consult a good attorney, experienced in marijuana drugged driving law.  You can also find an expreinced attorney at the NORML website.  Retain an attorney.  It may cost you $$  but this case can be challenged and won if you have a knowlegable, experienced attorney.  Good Luck!

One more thing.

Never, Never, Never consent to a search of your vehicle or person or posessions, even if you have no weapons or contraband on your person or in your vehicle.  Once you consent to a search, you have forefeited a considerbale amount of your rights which may have wiped out any defense an experienced attorney may mount.   Theres not much an attorney can do for you in that case.  But in your case, you can fight it on FOURTEENTH AMENDMENT grounds.

Answer 5

Bottom line is that you showed positive for the drug when tested. That's all they need to convict you.