If I smoked marijuana a week ago and get pulled over, can I get a DUI because it is still in my system?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I smoked marijuana a week ago and get pulled over, can I get a DUI because it is still in my system?

Asked on December 6, 2012 under Criminal Law, New York

Answers:

Richard Southard / Law Office of Richard Southard

Answered 8 years ago | Contributor

The short answer is yes.  The police need probable cause to believe that your ability to drive was impaired by drugs.  If your drug use shows in a urinalysis and there are enough additional facts to prove impairment, you can and will be charged.  Whether they will have enough evidence to convict you is a different question.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can be but there are systems in place to detect if you are impaired while driving. It may seem subjective but you should understand that any such illegal drug in your system is cause for concern because a) it should not be there and b) you should not be operating a moving vehicle while it is in your system.  Think of it as driving while buzzed, which is completely illegal. If the police have cause to pull you over for erratic driving, it won't be good for you if tests show it is in your system.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption