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If I got arrested for DUI of alcohol, but marijuana shows up on my blood test as well, can I get a separate charge or are they

Harrisburg, PA |

If I got arrested for DUI of alcohol, but marijuana shows up on my blood test as well, can I get a separate charge or are they only looking for the alcohol. I didn't get caught for marijuana and it there was no suspicion of marijuana, but it will show up on my blood test from a previous day. Will I only get the DUI charge?

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Attorney answers 4


If they find alcohol and marijuana in your system you should not get a separate possession charge for the drugs as long as they didn't find any on your person. You can still be charged under the DUI statute for operating a motor vehicle with drugs and alcohol in your system. This is something I recommend you discuss with an attorney to make sure your rights are protected.


If you were not found with drugs or paraphernalia, you will not have an additional drug charge. What it can do is bring you to the highest tier DUI. There are 3 tiers and if your BAC is less than .16 you are in one of the lower 2 tiers (or of course not guilty if it is below .08). The drugs count as a 3rd tier regardless. That is the most likely way it would effect you.

Michael L. Doyle
(215) 900-5565


You will be charged at the highest level DUI , combination of drugs and alcohol. If this is your first offense you should still be eligible for your county's ARD program. Consult with an attorney.

This information does not create an attorney /client relationship and should not be use or relied upon to make any decision in your case. Only consultation with your own attorney can provide you with the advice you need for your case.



Would there be only one charge, or multiple charges?


You will likely be charged with the following DUI charges:

75 Pa.C.S.A. 3802(a)(1)- DUI - Incapable of Safe Driving
75 Pa.C.S.A. 3802(a)(2),(b) or (c)- DUI - Blood Alcohol Content (actual BAC will determine subsection
75 Pa.C.S.A 3802(d)(1)- DUI Controlled Substances
75 Pa.C.S.A. 3802(d)(3) DUI - Combination of Alcohol / Controlled Substances

And, for good measure, they may actually throw in Careless driving, and some summary citations. Whether they look for marijuana depends on the request of the officer as well as the laboratory. Either way, you need an experienced DUI Defense Attorney, like me, to fully and fairly evaluate your case.

F. Dean Morgan, Esquire