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.
NY Criminal defense Attorney
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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.
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.
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!
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)
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.
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.