Can you be charged with a marijuana DUI if you have an accident and you get blood tested within the last 30 days after you smoke

If you have an accident without being under the influence of marijuana, can they charged you for a marijuana DUI even though it was about 2 or 3 weeks ago when you smoked ? Can you refuse to a blood test? will they test you after an accident for no reason ?

Scottsdale, AZ -

Attorney Answers (2)

Craig A. Epifanio

Craig A. Epifanio

DUI / DWI Attorney - Saint Petersburg, FL
Answered

Can they charge you, yes. Whether they can convict you is another story. I don't practice in AZ so I can't answer your state's requirements for refusal or testing after the accident, but I can tell you that all DUI laws require you to actually be under the influence of the drug/alcohol at the time of driving. You should talk to an attorney in your area right away.

Alan James Brinkmeier

Alan James Brinkmeier

Lawsuit / Dispute Attorney - Chicago, IL
Answered

There may well be valid defenses available to you so get a well qualifed criminal defense lawyer on your side to act as your advocate as soon as possible. I agree with the observation of Mr. Epifanio. Good luck to you.

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