Skip to main content

If there was no evidence of maryjuana use no odor nothing found in truck or on person how can you be charged with a dui with

Stuyvesant Falls, NY |

only a urine test

Attorney Answers 5


  1. It would depend on what the police claim the probable cause was 1) to stop you and 2) to arrest you. The officer might claim there was an odor of marijuana in the car.

    Did you admit to smoking it? Did the offer do a field sobriety test or check for symptoms of being under the influence?

    What did the urine test indicate? Marijuana, alcohol, or what? Typically you wouldn't find out for a month or so after the arrest.

    Contact an attorney ASAP.

    Matisyahu Wolfberg
    www.FormerCop.com
    NY Criminal defense Attorney

    [Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.] I am licensed to practice law in the States of New York and New Jersey. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship. Please speak with a local attorney to discuss your potential legal issue


  2. You can't only with a urine test. The urine test can show marijuana was smoked sometime in the last 30 days. In order to be charged with a DWI (actually DWAI Drugs) the officer would have to have the suspect perform standardized Field Sobriety tests. He would also have to look for indices of impairment such as having blood shot eyes or being unsteady on your feet.


  3. The officer claims to have seen something wrong with the driver's ability. The problem with marijuana is that it stays in the system for a long time. That is why it would appear in the urine even if there was no use on the date of the arrest. Your son needs to hire an experienced DWI lawyer who can explain this to a jury.


  4. They can charge it if there is evidence of impairment of driving as determined by the officerand a lab test showing MJ in your system.
    Whether they can ultimately prove it is a totally different question. A good attorney can help!
    Good Luck!

    Joseph A. Lo Piccolo, Esq.
    Immediate Past President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  5. If the urine test showed that you were above the legal limit, or that you had a drug in your system, then you could be prosecuted just on that. Same with a breathylizer test. That's why they do those tests.

DUI topics

Top tips from attorneys

What others are asking

Questions?
An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics