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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

Posted

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

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9 comments

Asker

Posted

No, I hadn't smoked any marijuana in about a week and a half. I was arrested because of the alcohol.

Asker

Posted

*There was no mention of marijuana/drugs at all for my charges or at my arrest.

Michael Korry Bialys

Michael Korry Bialys

Posted

you should be fine I don't think you have any issues of the court is long as you have your medical marijuana card you can maintain smoking marijuana however I would still consultant tiny about getting your case lowered or dismisses

Asker

Posted

Thank you. What about the probation part? Will I only receive probation if the case isn't dismissed/lowered?

Michael Korry Bialys

Michael Korry Bialys

Posted

you may not get probation at all if your case is dismissed but I know any circumstances whether it be a DUI or a lesser charge you will get some form of probation

Asker

Posted

Oh okay. I'm assuming at that point if i do receive probation, I will not be able to smoke marijuana even with my card, correct?

Michael Korry Bialys

Michael Korry Bialys

Posted

this gets into a bit of a gray a rea you would be able to smoke marijuana as long as you had your medical marijuana card and personal things however you are not able to drive with any measureqble alcohol drug in your system at the condition of propane

Asker

Posted

Okay. Thank you so much! You have been of much help :) Have a wonder weekend!

Asker

Posted

*ONE LAST QUESTION. Is there a difference between a medical marijuana card and a recommendation?

Posted

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.

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1 comment

Asker

Posted

Thank you! I am not guilty. The cop made some inappropriate remarks and also made mistakes on the citation he wrote me. Thank you!

Posted

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.

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Posted

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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