This is my first offense. I have no prior record. I had agreed to a breathalyzer but they said I didnt blow hard enough. I was taken into custody and they did a blood test. Will the one hit of weed show up on my blood test, and if so can I be charged with this on top of the DUI? what are the possible outcomes of this situation.
First thing you should do is hire a DUI attorney in the county where this occurred. There are many options that an attorney will go over with you including any defenses as well as the ARD program. ARD which stands for Accelerated Rehabilitated Disposition is a first time offenders program. If and when you successfully complete this program you will (1) earn a dismissal of the charges (2) avoid a criminal record (3) avoid jailtime and (4) recieve a 1-2 month suspension rather than 1 year. Each County runs its own ARD program so you want to make sure to talk with an experienced DUI attorney who understands the rules in the County where you were arrested. I hope this helps.
The fact that this is your first offense is important. You may be eligible for an ARD. As described by my colleagues, this is something that you should seriously consider. To answer your question directly, a single hit of marijuana can show up if the proper test is applied to your blood sample. If so, you can be charged for the combination of substances in your blood. You need an experienced criminal attorney. Many on this site, including me, offer free initial consultations. Take advantage of that opportunity and hire an attorney. Until then, do not post any additional information on a public site, such as Avvo, Facebook or Twitter as the statements you make there can be used against you. Good luck
Although you may be eligible for ARD, it is neither a gift, nor a goal. The first step is a full evaluation of your case to determine if any possible defenses exist. ARD has negative consequences .
There are a number of defenses to DUI. Entering into the program should never be recommended unless/until all potential options are evaluated and all potential options for dismissal are ruled out. As a former Lancaster County prosecutor, i can assure you ARD is not always the best choice.
For more information about DUI law, penalties, and case evaluations, click a link below.
F. Dean Morgan
The Morgan Law Firm
It appears that you may be charged with DUI. If you had no marijuana on you, the only effect it should have is the potential punishment if you are found guilty or plead guilty, or increased conditions for ARD if you apply and are accepted. You should hire an experienced lawyer immediately. I practice in Lancaster and offer free consultations. Give my office a call at 299-2301.
Get free answers from experienced attorneys.
28,179 answers this week
2,958 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary