What to do if I was pulled over for a driving infraction and ended up getting arrested for possesion of a controlled substance?

Upon release from jail, I was given a citation for DUI. I was not under the influence nor was I on prescription medication that I carry in my purse in the proper containers. I was only extremely tired, as it was very late at night. I as not given any field sobriety tests, blood or chemical tests, and was not impaired. How can I be charged with a DUI simply because I had drugs on me?

Asked on February 12, 2013 under Criminal Law, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you were pulled over for a driving infraction (let's say failure to signal when changing lanes), and the officer observes you with particular behavior, he or she can then obtain probable cause or have sufficient reasonable suspiciion to act further. If you were charged with a DUI, that generally means you are a minor. If you are not a minor, you would be charged with a DWI. If no tests were given, that is your best defense to this charge since the prosecution would have to prove guilt beyond a reasonable doubt.

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