Can I be convicted of DUI drugs because drugs/ paraphernalia found in the car?

Asked over 1 year ago - Parker, CO

I was recently stopped for failure to maintain a lane and found to have a traffic warrant for another offense. After searching the car, they found a few needles, one with heroin in it, and they arrested me on the original warrant. I was given breath test and passed, and taken to the hospital for blood test. They were unable to draw blood. Before filing charges, they asked me to arrange controlled buys. After a couple attempts, I was unable Set them to their satisfaction. They were going to file felony drug charges, but after being on monitored pre-trial release, the DA changed drug charges to DUI charges. They were angry I could not set it up. I have a DMV hearing very soon about license revocation and court in a couple weeks for the DUI. How can they charge 2 mo later w/o physical eviden

Additional information

When I couldn't arrange a buy that they could use, the police were very angry and said I was going to face all the drug charges. When I was arrested, nothing at all was mentioned about DUI and the first time I heard of it was after the police let the da know I was not any help. There were no traffic accidents, and there were no other drugs, other than the small amount in the needle. I should mention that I have prior felony drug charges from about 8 years ago. The DMV has set a revocation hearing for too many points in twelve month period, and that is based on the 8pt DUI that I won't even be convicted of when I have the hearing. I am considering a public defender, but don't know if they can give the help I need.

Attorney answers (4)

  1. Nicholas Lubchenco

    Pro

    Contributor Level 13

    8

    Lawyers agree

    1

    Answered . The simple answer here is that you need an experienced DUI attorney to handle your case. The DA can attempt to proceed by calling the officers and having them testify that you appeared intoxicated. A good attorney is going to be able to attack a case like this from multiple directions.

    Even without tests, these are complicated cases. You will likely want someone who is familiar with police DREs (so called drug recognition experts) and has learned or received training on how to attack DUI drugs cases. Given the potential felony drug charges and the attempt to use you as a CI, it would be beneficial if the person has handled felony drug cases as well.

    Lastly, your stop and search is potentially problematic. Lots of police officers are illegally searching cars by falsely claiming inventory searches are occurring when they are actually just wanting to search your car like they used to be able to do, but cannot because changes in the case law.

    You have a complicated situation. Seek out the best DUI/felony lawyer you can who is good at duid cases and also familiar with inventory search litigation and drug cases.

    Best of luck and please feel free to call or email if you have any questions or need clarification.

    Lubchenco, Kendrick, & Baldridge, L.L.P. 720-644-6413. The information provided here does not create an attorney-... more
  2. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    8

    Lawyers agree

    Answered . I agree with Mr. Lubchenco (as normal). It is a real stretch that they are charging you with the charges that they have field. However, they can and they did charge you. Now, you need to retain an excellent criminal defense attorney like Mr. Lubchenco in order to assist you on this case. Most of us offer free or at least heavily discounted initial consultations.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  3. John Lawrence Buckley

    Contributor Level 16

    8

    Lawyers agree

    Answered . First, the Colorado Public Defenders are some of the best trial attorneys in Colorado. Some clients feel that they won't get the individualized attention that they would expect from private counsel.

    If you believe that your case would best be handled by private counsel, there are many great attorneys here who focus their practice on DUI defense.

    Can the DA charge you with the evidence you have described? Yes but it appears to be a fairly circumstantial case and a qualified DUI defense attorney will challenge this evidence in court.

    If I can be of further assistance, please contact my offense.

    Best of luck to you.

    John Buckley
    www.buckleycriminallaw.com

    No answer here should be considered to form an attorney-client relationship. You should consult with a licensed... more
  4. Matthew C Simon

    Pro

    Contributor Level 18

    7

    Lawyers agree

    Answered . I agree with my colleagues. Bottom line is that you need an experienced criminal defense attorney ASAP to fight all of the charges and tickets. You may have good arguments, dont make a mistake on procedural grounds. Let an attorney represent you, Good luck.

    The above is general information only and is not legal advice. The information provided does not form an attorney-... more

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