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

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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 11 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 11 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.


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