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Will i get charged for a DUI ?
Anonymous7 views4 answers
i was pulled over at the main gate on base because the military police thought i was under the influence , i had smoked 1 hit of marijuana and took some prescription ativans ( benzodiazapine ) to relieve anxiety 1hr prior to driving, they arrested me and charged me with a dui, what are the chances of me getting charged ? btw after i got out of jail i went to the hospital because i was going thru some mental breakdown , and i found out i was going thru a manic episode because im bipolar and my medication was being adjusted. can someone tell me what might happen ?
David Philip ShapiroCriminal Defense AttorneySan Diego, CA ·
Were you given a court date? state or federal? I'm assuming a blood draw was taken and those results will likely have a large impact on what, if any, charges are filed.
Contact a locally experienced criminal defense attorney and hire the best one you can afford and feel comfortable with.
You would need to provide additional information for an attorney to give you a truly informed opinion abut what you can expect to happen. Were you processed by the local police or military police? Did you receive any paperwork following your release? You could be charged in federal or state court depending on who processed your case. Nevertheless, you should contact a defense attorney for a free consultation so your case can be reviewed in greater detail. Please feel free to contact my office for a free consultation.
You can be charged with a DUI even for prescription drugs. However, whether or not the charges would stick is another story. Marijuana cases are hard for the prosecutor to prove up as are certain prescription medications as they have to show your driving was impaired by the marijuana and/or prescription medication. Therefore many of these types of cases get reduced or even sometimes dismissed. This could be prosecuted in federal or state court. You should consult with local experienced DUI attorneys over the phone or in person to discuss the specifics of your case as many offer free consultations. Feel free to contact my office for any additional information or questions.
David M. Boertje, Esq.
(760) 476-0901
www.boertjelaw.com
I agree with all of the previously provided legal advice. It is too early to tell whether you will be charged with a DUI. You may end up charged but there defenses available to get your charges dismissed based upon the results of your chemical tests. The process for prosecution of DUI cases will differ based on whether your case is sent to state or federal court. You can be charged for a DUI if "under the influence" of prescription drugs or marijuana or both. Whether you were under the influence will depend on your tox results. Your situation is complicated. You need to consult with an attorney. Any good experienced DUI attorney will provide you with a free consultation.
