What will happen with a marijuana DUI? - Criminal Law Questions and Answers- LawQA.com

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What will happen with a marijuana DUI?

They pulled me over and arrested me. I had bad tag lights. I have a past DUI too. They found an ounce of marijuana. What is going to happen with this one? What about the marijuana?


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If you were arrested in Dane County, the prosecutor is likely to drop any possession charge and just charge you with OWI (=DUI). The treatment is the same as for any other OWI-2d charge. The law requires a minimum jail time of 5 days, but the sentences are usually somewhat longer. Retain a good criminal lawyer: they can often find defenses that are not apparent to a lay person.

Answer Applies to: Wisconsin
Replied: 5/14/2015

Lawrence Lewis
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You should expect jail 60-120 days.

Answer Applies to: Georgia
Replied: 5/13/2015

Answer By Paul Ksicinski
Ksicinski
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Wisconsin law prohibits drugged driving in two scenarios. First, it prohibits driving while under the influence of an intoxicant to the extent that the driver is incapable of driving safely. Second, the law prohibits driving with any non-prescribed controlled substance in the driver?s blood stream regardless of whether or not the driver appears physically impaired. Under the second prong of Wisconsin's drugged driving statute, it seems that a person can be convicted of drugged driving for merely having traces of marijuana in her blood stream even if she does not show signs of impairment from the drug at the time of arrest. A driver arrested for drugged driving in Wisconsin will be charged with driving under the influence and subject to DUI penalties. A conviction for drugged driving will be considered as a prior offense for purposes of calculating punishment regardless of whether a subsequent offense is due to alcohol or drugs. There is an implied consent rule for blood and urine testing for drugged drivers. There is a per se prohibition (any amount taken will result in conviction) if the defendant has any of the following in his or her body: (a) A controlled substance other than a tetrahydrocannabinol. (b) A controlled substance analog of a controlled substance described in par. (a). (c) Cocaine or any of its metabolites. (d) Methamphetamine. (e) Delta-9-tetrahydrocannabinol. It?s generally not an acceptable defense to a drugged driving charge to claim that the driver is legally entitled to use the controlled substance. However, a defense can be made if the driver proves by a preponderance of the evidence that at the time of the incident or occurrence he or she had a valid prescription for methamphetamine or one of its metabolic precursors, gamma-hydroxybutyric acid, or delta-9-tetrahydrocannabinol.

Answer Applies to: Wisconsin
Replied: 5/12/2015

Nichols Law Firm
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You should consider fighting your case - contact a qualified Dui attorney

Answer Applies to: Michigan
Replied: 5/12/2015

Law Offices of Martina A. Vigil, PC
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In which county were you arrested?

Answer Applies to: California
Replied: 5/12/2015

Law Offices of Stephanie Lee Ehrbright, Esq.
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You will likely face at least 30 days in jail for the second DUI and they will probably file felony charges for the marijuana. An ounce is still under the personal possession limit of 2lbs, so unless it was packaged for sale, you have priors for possession or violence, or something like that then you will likely be offered a Diversion program called TASK or perhaps to plead to simple possession and be placed on probation.

Answer Applies to: Arizona
Replied: 5/12/2015

Answer By Edward J. Blum
Law Office of Edward J. Blum
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Do you have a recommendation?

Answer Applies to: California
Replied: 5/12/2015

Answer By Jason Savela
Connell-Savela
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I assume you took a blood test and that you do not have the results. Results often take 30-60 days to come back. If there was alcohol and MJ, then the case is not as good. If just MJ, then regardless of the number, we have a chance. Any regular MJ user will have some residual THC in their blood and sometimes it can be quite high, even when you are not high. It is important that you have an attorney that understands what MJ numbers mean and do not mean. It is very possible that the court will put you on monitored sobriety, including no MJ. Violation of these rules may be a bond violation and new charges. A second DUI usually means some form of jail for 10 days or more. It is important to fight when you have a chance. In your case, you were not stopped for bad driving - that is a good fact. There may be others that show you to be sober despite what the officer says. In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are ?material and exculpatory.? Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.

Answer Applies to: Colorado
Replied: 5/12/2015

Answer By Steve Freeborn
Freeborn Law Offices, P.S.
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A marijuana DUI as treated the same as an alcohol DUI. This will be treated as a second offense. MINIMUM PENALTIES if convicted: 30 days in jail, followed by 60 days EHM, roughly $2,000.00 in fines and assessments, 2 year revocation of drivers license,, followed by one year of ignition interlock, alcohol/drug education and treatment per the court, 5 years probation. I would advise you to retain the services of an attorney.

Answer Applies to: Washington
Replied: 5/12/2015

Answer By Aniko Hoover
Best DUI Lawyer
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If your citation does not mention marijuana possession then you probably will not face marijuana possession charges. Chances are you will be charged a second DUI offense under VC 23152 (e) - drug DUI. I suspect you did a blood test. If your THC level is below 5ng/ml you most likely will be offered a Wet Reckless instead of a Second DUI if you plead out. DA's are all different and so are counties it's possible a DA may bring the marijuana possession charge if you don't have a Medical Marijuana card. Even if you have a medical marijuana card your "Medicine" may be confiscated as evidence.

Answer Applies to: California
Replied: 5/12/2015

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