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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

  1. 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!

  2. 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

  3. 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.

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

  5. 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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