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My son was arrested and charged with possession of marijuana and DUI of other Can they charge him with the DUI?
Anonymous6 views3 answers
No Field Sobriety Test of any kind were done, no kind of drug test were performed, No expert of any sort questioned him or talked to him. Nor did he find any evidence where he had been smoking any, all he found was unopened bags.
A DUI is driving a vehicle while under the influence of alcohol and/or drugs. The answer to your question is YES, they can charge him with the crime of DUI-drugs. CAN THEY PROVE IT is the real question. Sound like the State wil have a very hard time proving this DUI with the information provided above. I don't live or practice law in Mississippi so get a good attorney.
It is certainly possible to get convicted of DUI because the person is under the influence of marijuana. Whether they have the proof needed, however, is another question. Even without field sobriety tests, drug tests or experts, the police officers themselves can testify about what they saw and observed. You should certainly get an attorney involved to find out what the chances are of successfully defending the case.
They can charge him with DUI. It does not mean they can win the case at trial. Hire an experienced criminal defense lawyer to litigate these charges. Good luck.
