Marijuana DUI - No Alcohol, No Other drugs. Stopped for loud music. Light smell of alcohol but tested negative for alcohol.

Only traces of THC were found in my blood. I used at least 12hrs prior to stop and I do have a medical marijuana card. I hired an attorney and paid $2000. I didnt realize it would cost more to go to trial and now I must go with the public defender to fight in trial. Can I request a blood split through the P.D. office and will they pay for it? Officer looked at my eyes and made me count with eyes closed while sitting in the back of a patrol car. I was NOT impaired at all and they did no test to determine my ability to safely operate a motor vehicle. No balance test or motor skill tests.....I conducted the eye test and counting test very well and he even stated that. I was on probation for an unrelated offense so I was arrested for the alcohol as I was not to be using it.

Fresno, CA -

Attorney Answers (6)

Mark K Rosenfeld

Mark K Rosenfeld

DUI / DWI Attorney - Beverly Hills, CA
Answered

You have the right to an attorney and if you cannot afford an attorney the Court must appoint one. Part of having an attorney is effective assistance of counsel… and in this case that requires a blood split. The Court should provide you and your attorney the funds to get the blood re-analyzed. Good luck!

Of course, every DUI case is different and you should consult an experienced DUI defense attorney in your area... more
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Jasen Bodie Nielsen

Jasen Bodie Nielsen

DUI / DWI Attorney - Santa Barbara, CA
Answered

Without having the advantage of reviewing every aspect of your case, it certainly appears to me that you have a case worth fighting, especially considering the lack of a driving pattern associated with a DUI. As for the blood split, if the PD is for some reason unable to obtain the funds, it is not every expensive to have your blood tested by an independent laboratory. Based on the information you've provided here, I would suggest being prepared to pay for the blood split in the event that the PD is unsuccessful in securing the funds. Good luck.

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Robert Laurens Driessen

Robert Laurens Driessen

DUI / DWI Attorney - Irvine, CA
Answered

These are all matters you should be discussing with your attorney; now the public defender. Whenever you hire an attorney you should get a written fee agreement that details what the fee is for and if it includes a trial. Most attorneys will charge extra for a trial and should make it clear in the written fee agreement. The good news is the marijuana cases are difficult for a prosecutor to prove but you will need a skilled attorney in the courtroom defending you.
Robert Driessen

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David Jon Pullman

David Jon Pullman

DUI / DWI Attorney - San Rafael, CA
Answered

Marijuana DUIs are difficult to prove and in the case that you describe it would be nearly impossible, without some other facts pointing to your guilt. However, clearly there is more to your case than you are describing because by the time you gave blood, they had already arrested you for some reason. You should discuss all the facts of your case in confidence with your PD. Good luck to you.

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Joshua Kaizuka

Joshua Kaizuka

DUI / DWI Attorney - Sacramento, CA
Answered

Generally speaking, unlike an alcohol related DUI, there is no presumption that someone who has THC in their blood is impaired while driving. The true test is whether the driving pattern, the field sobriety tests(FST), and the level of THC Delta9 (active and psychotropic level) is sufficient to prove that a person was impaired at the time of driving. In a marijuana DUI case, a quantitative analysis of the blood is extremely important and even an attorney with a public defender's office should be able to get the minimal funds to retest the blood.

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Jon Martin Pettis

Jon Martin Pettis

DUI / DWI Attorney - San Diego, CA
Answered

You need an experienced DUI lawyer who has handled marijuana cases. First, THC 9 is the active ingredient in pot. How much of that was found in your system is all that matters. If there were metabolytes, what the THC 9 breaks down into as your body processes it, they are irrelevant, aside from showing you smoked marijuana, because they do not cause any impairment. Even with some THC 9, then the question becomes whether or not it was enough to be impaired for the purposes of driving. One issue will be the ratio of active ingredient to inactive metabolytes.

You need a DUI lawyer who understands all of this science. I do not know for sure why you need a blood split. Are you seeking to confirm or contradict the pot being found or how much was found? In any case, if you are represented by the public defender, they should be able to get the court to pay for the split if it is necessary to your defense.

Keep in mind, while the scince may say you were not impaired, in fact, there are some studies that show at low levels of marijuana impairment, you are actually a safer driver satistically, juries may not see beyond the drug use. Trial is a risk, and your lawyer will need to do a good job in voir dire, picking the jury.

Any comments offered are not intended as legal advice. This attorney does not know the specifics of the... more
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