DUI Marijuana Blood Test Results:

Delta-9-THC = 3.3ng/mL & Delta-9-THC-COOH = 88ng/mL I was pulled over for loud music. I was perfectly sober. I tested NEGATIVE for ethyl alcohol, cocaine, Opiates, PCP and Meth. They also did not give me a field sobriety test to perform to conclude I was unable to operate a motor vehicle. The reason they even drew blood is because smelled of alcohol but only had 2 beers 6 hours before and the test proved that. Also I am disabled and had a vicodin prescription in my counsel. Which is an opiate and also came back negative because I hadnt taken any that day at all. The marijuana a drink in a tea and use the THC butter with my food. I have a Medical Marijuana Card for that and I used it at approximately 8am on 9/14/11. I was pulled over at 12:52am on 9/15/11. HOWS MY CASE LOOK?

Fresno, CA -

Attorney Answers (5)

David Jon Pullman

David Jon Pullman

DUI / DWI Attorney - San Rafael, CA
Answered

Looks pretty good for your defense if you hire a good lawyer who has experience with marijuana DUIs, but you should not be posting such details about your case on line. You should remain silent, except when speaking with your attorney. Everything you say, including online, can and will be used against you. Hopefully, you didn't make any statements regarding your marijuana use to the police. You should have taken the breath, not blood test, since marijuana doesn't show up in a breath test. Hire a good lawyer who understands the science around marijuana DUIs. You will also need an expert witness. I recommend Felix D'Amico. He really knows his stuff on marijuana DUIs. Good luck to you.

Terry Alan Wapner

Terry Alan Wapner

DUI / DWI Attorney - Fresno, CA
Answered

In order to prove the charges the DA will have to show that you weren't able to operate your vehicle safely. That typically is difficult in marijuana cases. However, the entire case will have to be evaluated by a qualified attorney. You should consult with someone soon.

Morvarid Mary Moshrefi

Morvarid Mary Moshrefi

DUI / DWI Attorney - Fresno, CA
Answered

The positive point is that experts cannot pinpoint at what level of THC/THC-COOH consumption one is "impaired" for purposes of driving. This is a huge issue for prosecuting DUIs based on MJ use.
I am more than happy to disucss your case should you choose to contact me. Confidentiality can be better preseved in that way.

The answer is based upon the limited information provided and does not create an attorney-client privileged... more
Jasen Bodie Nielsen

Jasen Bodie Nielsen

DUI / DWI Attorney - Santa Barbara, CA
Answered

Marijuana cases can be very difficult for the prosecution to prove. You should strongly consider hiring and experienced DUI attorney who practices in Fresno.

Joshua Kaizuka

Joshua Kaizuka

DUI / DWI Attorney - Sacramento, CA
Answered

The good news is that you were not pulled over for any type of bad driving. If a cop did not conduct FSTs (field sobriety tests) or DRE (drug recognition evaluation) at the time or after you were arrested, evidence is lacking on impairment. On the other hand, depending on the THC Delta-9 level (the active and psychotripic ingredient of pot), any amount of alcohol or other drugs can be problamatic, especially if there is indication of impairment in FST or DRE tests. You need a good attorney who knows how to litigate drug DUI cases and knows qualfied experts should the case go to trial.

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