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Drug testing at the court date for a DUI (Alcohol related charge)?

Los Angeles, CA |

I have a medical marijuana card and I have smoked occasionally. Recently I was arrested for a DUI (alcohol) with a .08 BAC. Will I get drug tested at my court date even though it was an alcohol related charge? I'm just slightly worried and am wondering if I should stop smoking for now?

Also, will I receive probation no matter the case or will I only receive probation if the my lawyer is unable to fight the case?

Attorney Answers 4


  1. you will not be drug tested at the court I would want to know if you didn't smoke any marijuana when you were arrested it may make things slightly more complicated in terms of getting your case lowered


  2. It is very unlikely that you will be drug tested at the court as a matter
    of fact won't happen. at a point 08 you should get an experienced DUI
    attorney you're only put on probation if you're guilty of something.


  3. You will not get tested at court. Probation depends upon the ultimate conclusion of your case. I would consult with an experienced DUI attorney who can run you through all of your options. Also, whichever court your case is out of can impact your case. Good luck.

    Contributions on AVVO.com in no way create an attorney-client relationship nor are they intended to be relied upon as a course of action without having first consulted directly with an attorney, where the specific facts and circumstances of your case can be fully discussed.


  4. I'm not sure you were really arrested with a .08, as distinguished from being arrested on the charge that requires .08: there is often confusion there. You won't get drug tested, and if you are a regular user, you would test positive long after you stop anyway. If you are really a .08, you would be foolish not to fight it. Indeed, I think people are foolish not to fight almost all DUIs, because contrary to mythology and positions taken by slothful attorneys, most are fightable, with the proper expert and the proper preparation and insight..

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