Can I be given a DUI of marijuana because marijuana showed up in my blood?

Question Details:

I was given an MIP. After blowing 0.05 they took me to the hospital and drew my blood. Marijuana showed up in my blood now they are trying to give me a DUI. Is that possibly. I had no drugs.

Asked 12/7/2011 under DUI / DWI | 280 View(s) | More Legal Topics

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DUI / DWI Law Answers

Kelly Broadbent / Nelson & Broadbent Answered 5 months ago | Contributor This attorney is licensed in Massachusetts

In MA, you can receive an OUI for drugs or for liquor.  If the blood test is positive for marijuana, it it possible for the police to charge you for OUI.

In this case, you may be able to dispute the level of marijuana in your blood or how long it had been in the blood.

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