Question about toxicology for DUI.

There are different tests done for alcohol and drugs in blood. The drug tests usually take much longer for results. The DA is not your friend, not on your side. You want a good DUI / OWI / DWI / drunk driving defense lawyer on this as soon as possible - one who understands drug blood tests and the ways that they can be mishandled. These labs are far from perfect, or even proficient. Often people think that because it isn’t a murder case, a drunk driving case is simple. Nothing could be further from the truth. These cases can be among the most complex a criminal defense lawyer handles. The government is willing to spend an incredible amount of money to convict you though. They will have expert witnesses available for consultation and trial. That you have been charged or that some contraption says your drug level was at a certain level does not mean that you are guilty. It certainly does not mean that you can be proven guilty using competent, valid evidence. Field sobriety “tests” are designed to give police a reason to arrest. You cannot “pass” them. The police will admit that almost a third of healthy young adults who take these tests without any alcohol will be judged to be “under the influence” – and that assumes they are properly administered! After even a first drunk driving conviction, you may face employment discrimination. You will certainly be charged higher for insurance. Having such a conviction will also make you a target for drunk driving arrest in future interactions with police. You will automatically become a suspect. You will want a lawyer who is familiar with field sobriety “tests,” perhaps one who is certified to administer these tests. You will want a lawyer familiar with the weaknesses of the contraptions that are used to report alcohol or drug levels. You want an experienced trial lawyer, used to cross-examining police officers. Police officers are practiced, experienced witnesses. That is, you want an experienced drunk driving defense lawyer, whether you call the offense DUI, OWI, DWI, OUI, or drugged driving. If any answer on helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help know which answers to show others. Thank you. --- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin http://addbalance.com/drunk_driving_lawyer.htm --- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer http://www.facebook.com/MadisonWiDrunkDrivingLawyer --- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer http://addbalance.com/fieldsobrietytests.htm --- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin http://addbalance.com/duidrugs.htm --- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin http://addbalance.com/duitendaywarning.htm DISCLAIMER: Confidential information should not be disclosed in this Internet forum. I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you. If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. This Answer is provided for general educational purposes only. See “more” link below for more important information about this answer and .

Kenyon's answer is great. He is correct. Especially in TN you should never plead guilty to a DUI, especially a pot DUI. It will be on your record forever and will effect your life in so many different ways. You need a lawyer, one that belongs to the National College of DUI Defense lawyers. Fight this.

You are a victim of the classic "We're gonna try to get you somehow!" police mentality. Do not worry about the chronic pot smoking on a blood test. Blood tests, when properly conducted, only reflect what is in your blood stream at the time of the blood draw. The metabolites of marijuana that linger in urine tests for weeks do not show in blood tests. The only way the active drug in pot, delta-9-tetrahydrocannbinol, would be detectable in your blood would be for you to have ingested it within a few hours. Maybe trace amounts after that but they would not be able to make any realistic argument that it was affecting you. If you were merely in the truck around others smoking, you should not have significant levels in your blood. Marijuana can cause impairment. If you had smoked out that night within the few hours before your stop, it is possible for them to show you were intoxicated. This is difficult for them to prove if you have a lawyer who has training in toxicology and forensic DWI tests. Get a smart lawyer who has special training in DWI defense.

The answers here are great. I simply wanted to add the following: First and foremost, for all practicable purposes no defendant should ever be speaking to the DA or police concerning any charge without an attorney present. I have no idea in what ways you may have already damaged your case. The best thing you can do going forward is retain an competent local attorney that handles DUI cases to represent you going forward. If you cannot afford an attorney; then, the court will appoint one for you. Do not represent yourself. Second, if the BAC came back negative as you say; then, you should never be considering pleading to the DUI before the toxicology comes back. The DUI is definitely the worse charge you describe here. The only acceptable plea is one that benefits you in some way. Pleading to the worst charge to have 'petty' (relatively anyway, all charges are serious) charges dismissed is nearly always a ridiculous proposition. Based on what you have said, I can see no reason to accept such a plea. Third, in TN DUI 1st carries the following penalties: - mandatory 48 hours, and up to 11 months, 29 days incarceration; - mandatory 24 hours litter pick-up; - .20 BAC or greater minimum jail time 7 consecutive days; - License revocation for 1 year (eligible for hardship license); - DUI school; - restitution; - $350-$1,500 fine; - possible Ignition Interlock Device at your expense ( at least $810); and - possible Drug and Alcohol Treatment. All in all, a first offense can costs could up to $5,000.00 maybe more. Along with the fact that any additional DUI's with in any connecting ten year period enhance in such a way that a 4th such DUI amounts to a felony charge; a 1st DUi is a serious matter. There are times to plead to a charge, even a DUI; but not when the charge is weak and definitely not before speaking with a competent attorney concerning all the facts.