I need some advice for a dui

Discussion in 'Legal Issues' started by uhhhimq, Dec 30, 2009.

  1. uhhhimq

    uhhhimq New Member

    So I smoked some weed a couple hours before I started to drive over to a friends house when i got pulled over by some DRA officer. He did some sobriety test on ( im unawre of his results) but he arrested me for the following
    1.DUI slighest degree
    2.DUI Drug meatbolic
    3.Speed over limit 65 in 50mph
    Now, he took me to the station, took my blood and did another round of sobriety test. I admitted to smoking within 24 hours (not sure if blood test can show how long its in your system like up to the hour). He let me go home without staying over night. Any info on the possible outcomes?
    Also should i quit smoking before court? my date is on the 13th of jan. i got pulled over on dec 18. ive smoked some since then but ive been smoking a couple times daily for 2-3 years so i know its in my system for awhile.
    Will it look better on my part if my system is clean(er) before court?
    oh yeah its in AZ, dont know if its stricter down here.
  2. OldTimeToker

    OldTimeToker Sr. Member

    Well first off it shouldve been the easiest thing in the world to pass a sobriety test idk how fucked up youd have to be to fail that. Second..your going to have to goto court. Should you quit for right now? Whether you get drug tested or not you should play it safe. But again ive never heard of getting pee tested IN court.

    Theres a good chance theyll put you on probation...in which you WILL have random drug tests. Dont fail these as it will just add to your probation time and get you deeper in trouble.

    Were your eyes just red and the cop knew you were high...but he acted like you failed the sobriety test? The fact that yoi smoked A COUPLE HOURS before struck me in awe cause you shouldnt have been high anymore unless it was dank. Why did you tell him you smoked? That was your big mistake..admitting to breaking the law. THC stays in yoir system for up to a month...so if they tested you you couldve said its from 2-3 weeks ago!

    Good luck friend and stay out of trouble!
  3. klepto

    klepto Sr. Member

    quit smoking right now. Go have a clinical drug test done (it will cost some money) now and right before your court date. Even if you can't get all the pot out of your system, these tests WILL be able to show that you are lowering your levels. Without QUESTION it will look better to a judge if he sees that you're at least trying, especially if you take the initiative to test yourself and bring in the results and show him. He likely will be much more lenient regarding your probation, which you probably will get. Arizona is as strict as strict gets, so I wouldn't fuck around.
    2 people like this.
  4. uhhhimq

    uhhhimq New Member

    thanks for the advice , the cop knew i had been smoking cuz he said he could smell it, and the test he did included the walk in a line test, some red eye chart thing, and some 30 sec time lasp thing. but there was no way i could have lied about smoking cuz he was the drug expert for the dept. i didnt have anything on me but he said i was showing symptoms of recently smoking. also the first round of test were conducted on the side of a highway with cars zipping by at 40-50 mph, and it was cold and i was very nervous so could that go in my favor for failing the test, but im not sure if i even did fail the test. and i did better with the test at the station if that makes a difference.
  5. Freshness420

    Freshness420 Sr. Member

    Someone I know just got a DUI for drinking not smoking, but I figure the same process for both. He has his court date already and has a lawyer. I would suggest stop smoking for now and get a lawyer and ask them for advice. They are really smart with these kinds of things.
  6. Big Nate

    Big Nate New Member

    In the state of arizona possesion and influence charges against marijuana are average, but arizona has repealed a bill that states physicians can reccomend marijuana. This means that if you are able to convince your doctor to reccomend you marijuana that you can use that to aid your case.

    Other than that, if this is your first DUI and you scored under a .15 that adds up to only 10-30 consecutive days in prison. Under the influence of an illicit substance while driving is a biggie, and can get you 6 months with manditory community service. You should have immediately been sent to jail, because a 24 hour manditory imprisonment is set for DUID's. I'm really sorry to say this man, but your looking at about 7 months either in prison or with extremely strict house arrest. Best of luck to you, brother.

    hope this helped you out,
  7. kimdead

    kimdead New Member

    im in nevada, i got pulled over and arrested and was given a court date over a little weed, i didint know if they were gonna drug test me or not (either way i didint stop smoking) but they never did, they gave me some bull shit drug classes thats it
  8. zoo

    zoo New Member

    Any other drugs in your system at the time you submitted the sample?
  9. Secs

    Secs New Member

    I don't think this will help anyone out. A bill is not a law in the first place, and secondly; to repeal something, means they have reversed it's validity . If it was ever a law, and they repealed it, it is no longer a law allowing physician recommendations for marijuana use.
    4 people like this.
  10. uhhhimq

    uhhhimq New Member

    ok, big nate just scared the SHIT out of me.
    and zoo no other drugs were in my system.
    also whats with the whole .15? no idea what that is :/
  11. klepto

    klepto Sr. Member

    dude what are you talking about? 7 months in PRISON for a DUI? When have you ever heard of something like that?
    3 people like this.
  12. S&MPenguin

    S&MPenguin New Member

    Don't worry you're not looking at 7 months :rolleyes: . From what I was able to find you're looking at a min.sentenced of 10 days in jail ( only 1 of which needs to be served with the rest suspended if you complete an ASAP which seems likely in your case), pay a $250 fine plus any associated court cost, and a one year suspension of your drivers license (not sure if you will be able to apply for a restricted license)
  13. zoo

    zoo New Member

    They might cut you some slack because everyone (yeah, even them) know that the metabolites from cannabis stay in your system for a LONG tme. For the most part, I don't think the court wants to go down that road; which means to you a possible plea bargain of tremendous preportions. Although I don't recommend plea bargains for the most part just on principle, it might work well for you.

    Settle for nothing less than a class 1 misdemeanor (yer Arizona, right?) and maybe even less.

    Personally, I'd go balls to the wall and fight that shit. This zero tolerance DUID crap HAS GOT TO STOP. It's unconstitutional.

  14. Onkoar

    Onkoar New Member

    Okay this same situation happened to me a little less than a year ago. Don't worry there is a very good chance there will be no jail time involved although I can't gurantee anything. I live in Indiana and shit is pretty locked down here so i would assume your punishment would be somewhat similar to mine or even less.

    I got pulled over after hot boxing my P.O.S. truck and i also had a bong in the car...needless to say my car smelled like straight weed, the cop searched it and found the bong(friend shoved the weed up his ass so on possession charge)..I got charged with OWI(Operating While Intoxicated) and possession of paraphanelia(bong)...I eventually took a plea deal b/c I wanted to get this shit done with quickly and it woldn't have been very hard to prove probable cause..In your case I don't know you may want to fight it if you are willing to pay for a decent lawyer. I had no jail time, 1 year probo, 40 hours comm. service, and I have to take 2 classes on drunk driving even though I never drive drunk I was only high..Only been drug tested once and I'm 5 months in cuz my probo officer thinks I have a problem with alcohol not weed(even though their drug tests test for EVERYTHING including alcohol)..

    Anyways I'm 5 months in and I'm gettin off at 6 months(Feb 22). Probo really isn't that bad. Just take it one month at a time and you will get through it. I can get clean in 10-14 days so i just smoke half the month then get clean the other half before my monthly appointment with my probation officer(even though i coulda been smokin this whole time cuz ive only been drug tested once but i didnt wanna risk it). And its not worth the risk, make sure u get clean before you go in for your appts cuz its not worth jail bro trust me ive been there.
  15. greenmonster2420

    greenmonster2420 Sr. Member

    Be sure you're clean each time you meet with your probation officer or have court, especially towards the end. My first time on probation, I was about to get off probation for a non-drug related charge. I had only been tested once before that, and it was a mandatory initial screen towards the beginning of the program. I went to meet and was told I could be off if I passed this final test and failed.
  16. king cola

    king cola Sr. Member

    You admitted to smoking marijuana and were arrested for dui. If they give you a drug test within the 30 days before it can leave your system they might expect you to fail the first test but then they will probably give some time before the next test to give your urine time to get clean. In the future if they drug test you while on probation your going to be expected to pass those tests. For now just quit smoking and get the THC levels down. If your put on probation you want to stay clean.

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