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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

Scottsdale, AZ |

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 ?

Attorney Answers 2

Posted

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.

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Posted

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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