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I got arrested for a DUI with a .08 BAC level... i've smoked marijuana. will i be drug tested for an alcohol related charge??

Rancho Cucamonga, CA |

I got arrested for a DUI in June. I have smoked marijuana because i had a card, so should i be worried about any drug testing for the court?

I took a breathalyzer, NO blood test.

Attorney Answers 5

Posted

The answer is yes since the combination of alcohol and the active ingredients in pot (Delta-9 THC) is typically not good for a defense against a DUI charge. Much has to do with the reason cops decided to pull an individual over, whether an individual admitted to smoking pot and drinking, whether the chemical test was just a breath test, blood, or urine, and how he or she performed in SFSTs (standardized field sobriety tests) or DREs. (drug recognition exams). The best thing to do is to consult an experienced DUI attorney in your area. There is a 10 day time clock running to preserve a DMV administrative suspension so consult an attorney before the clock expires!

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6 comments

Asker

Posted

there was no question or mention of any drugs at all. i was originally pulled over for speeding. and, there was only a breath test, no blood.

Joshua Kaizuka

Joshua Kaizuka

Posted

Then, there will be no evidence relating to marijuana. You need to consult an experienced attorney in your area to find out if the DA's office will file charges on a .08 BAC by breath absent any other indication of impairment on SFSTs and to fight the DMV administrative suspension.

Asker

Posted

there was no other indication of impairment. i have already taken care of the suspension. I was just curious as to the drug testing during my DUI process.

Joshua Kaizuka

Joshua Kaizuka

Posted

If the cops thought there was drug impairment, then they would have made you do a blood or urine test. If neither was done, then it really boils down to alcohol.

Asker

Posted

so, then i shouldn't worry about it then?

Joshua Kaizuka

Joshua Kaizuka

Posted

You should talk to an experienced local DUI attorney for further questions since he or she will know more about charging practices in the area.

Posted

You did not say when you talked to before a blood test if you took a blood
test in you had a ser that you smoke marijuana they may test for marijuana
don't worry about not being able to smoke marijuana if you are convicted of
plea to a DUI you will not be drug tested

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Posted

O
If you were lawfully stopped and provided a blood sample when you were asked to provide a sample of your blood or breath, you may have a problem, some counties and the DOJ crime labs will conduct a secondary search on your blood under certain circumstances, you should consult a DUI defense attorney, he/she can likely help you.

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2 comments

Asker

Posted

i did not provide a blood sample. I only provided a breath sample.

Hudson Thomas Bair

Hudson Thomas Bair

Posted

Since you provided a breath sample there will be no evidence of marijuana use in your chemical test. If you were offered a choice of blood or breath kit is unlikely the investigating officer suspected that you were impaired by marijuana or he/she wouldn't have offered breath as Ann implied consent test.

Posted

My colleagues are correct. Consult a DUI attorney. Many of us on Avvo provide a free consultation.

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Posted

Your question is entirely clear, but...
If there is nothing in the police report regarding marijuana, then you really shouldn't have to worry about probation terms (should you be convicted) that include drug testing. (Probation terms have to have some causal connection to the crime.)
If all you have is an "alcohol related charge" (e.g. 23152(b) or 23152(a) with only alcohol alleged), then you shouldn't have a problem. However, if anything related to marijuana was disclosed or found during the investigation, then you may end up with drug testing terms.

In that you took a breath test, and not a blood test, then THC shouldn't be an issue.

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1 comment

Asker

Posted

Thank you for your response!

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