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

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

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 on December 7, 2011 under Criminal Law, Missouri

Answers:

Kelly Broadbent / Broadbent & Taylor

Answered 9 years ago | Contributor

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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