DWI for Marijuana

[ihopeyoudieslow]

I was arrested 2 days ago and booked for a DWI/DUI. I was initially pulled over for not wearing my seat belt. I was going to the gas station to buy some cigs, and as I was starting to head towards the entrance a state tropper zoomed in and told me to get back in the truck. He said my eyes looked glazed and that he smelt weed. I did not smoke in the vehicle and believe he was xx me to see what I would do. I first said I smoked about a month prior, he didn't buy it which led me to say I had smoked that day a few hours (about 3 hours) before. I am a heavy smoker and only smoked a small bowl. I had also taken 3 oxycodone 5 mg a few hours earlier for my hernia pain (not prescribed) . SWIM gave me them.. I was by no means smoked out or buzzed off the pills by this point. I "failed" the heel to toe but god was I nervous and had only been up a few hours.. I was still super tired from staying up the previous night playing some computer game. I was not read my miranda rights and was taken to jail before results of my blood/urine test. I had taken the oxycodone about 5 pm and was going through all of this around 8:15 that night.. I was TOTALLY fine driving... HONESTLY... I.. Is there any hope for me?

 

[The Occultist]

You forgot to include the name of your state. Knowing this as well as knowing the specific statute number(s) you are being charged with will make it easier to offer insight. The standard advice, of course, is to get an attorney.

 

[tranquility]

Wow. I'm quite sure the OP's driving was fine as it is completely unlikely that:

I first said I smoked about a month prior, he didn't buy it which led me to say I had smoked that day a few hours (about 3 hours) before. I am a heavy smoker and only smoked a small bowl. I had also taken 3 oxycodone 5 mg a few hours earlier for my hernia pain (not prescribed) .

could cause impairment. Well, at least an impairment beyond the OP's natural state.

 

[ihopeyoudieslow]

I am in Kentucky.

 

[Silverplum]

I am in Kentucky.

Your username is unpleasant.

 

[ihopeyoudieslow]

Don't take my username personally please, It is just from a pc game I play

 

[ihopeyoudieslow]

I was not giving my police report at jail or my toxicology report, I am on the way back to jail to obtain it, once I return I will post more details.

 

[CdwJava]

If you were arrested two days ago, they are not likely to have any blood or urine test results back, yet.

Between the marijuana and the Oxy, it is pretty likely that you were impaired. You may have FELT fine, but no matter how you feel these ARE impairing substances and can have a direct impact on your ability to safely operate a motor vehicle. And, when taken in conjunction with one another, they might have a synergistic effect where the effects of each are exaggerated by the presence of the other.

In any event, at this point it would be best to consult an attorney. You might also want to consider drug treatment so as to get a heads' up and what the court will likely want to see from you. Oh, and don't go with the, "I don't have a problem," argument because the court won't buy it. Clearly, you do have a problem. Either that, and these were isolated events, you had a serious lapse in judgment.

 

[Cali408nia]

1). There was something wrong with your driving - you weren't wearing a seatbelt.

2.) When you lied to the cop it probably killed any chance you had of getting out of it. So what if he didn't believe your lie about smoking a month ago? He can't prove that you were lying. If you're gonna lie, stick to your story. He wants to get you to lie so that he can justify the further actions he takes against you. Had you not said that you had smoked 3 hours ago, he may have not had as strong of a reason to give you sobriety tests. He may have still smelled weed and thought you were impaired, though, and that would have still landed in the same outcome.

This may have been avoidable by putting your seatbelt on and eyedrops in if your driving was fine besides not wearing a seatbelt. But remember, any time you admit that you have taken impairing drugs, it's not going to end up well for you!

 

[CdwJava]

Chances are he smelled like marijuana which was why the officer was asking.

People who do not smoke the stuff can smell it rather easily, and the aroma permeates everything - hair, clothes, vehicle, everything.

It is almost amusing - and illustrative of the mental state of many who smoke that crud - that people who have recently smoked will deny it when they reek.

 

[Cali408nia]

People who do not smoke the stuff can smell it rather easily, and the aroma permeates everything - hair, clothes, vehicle, everything.

I see you post this all the time. How many times have you smoked? How many ways have you observed people smoking? He said he smoked 3 hours ago. We don't know if he smoked a joint, a blunt, a pipe, a bong, a vaporizer, etc. They do leave different strengths of scent and different smells. Are you familiar with the different smells they all put out? Because they don't all smell the same. And who's to say the OP didn't take a shower and brush his teeth?

 

[tranquility]

We also don't know if he *smoked* less than three hours ago. We just know what he said after his first lie.

 

[CdwJava]

I see you post this all the time. How many times have you smoked?

A few ... waaaay back when ... 33 years ago if memory serves.

How many ways have you observed people smoking?

A lot.

He said he smoked 3 hours ago. We don't know if he smoked a joint, a blunt, a pipe, a bong, a vaporizer, etc.

He said he smoked a bowl. In my experience, the time frame is underestimated as is the amount.

They do leave different strengths of scent and different smells. Are you familiar with the different smells they all put out? Because they don't all smell the same. And who's to say the OP didn't take a shower and brush his teeth?

Really?! Okay, how many people do you know actually smoke a joint, wash their clothes, shower, and deodorize their car right afterwards?

Like with people who drink and then chew gum, all you get is minty fresh Budweiser breath. With marijuana you may get the odor of marijuana with a hint of Crest. In some instances it may impede some of the odor, but rarely is all of it gone. Like alcohol, it is not all about the breath. And there are other clues as well.

Drug and alcohol evaluations are my forte. I am also quite active in the alcohol and drug treatment community. I associate with, speak with, and assist alcoholics and drug addicts on a daily basis both on duty and off. If you want to say that people who smoke marijuana immediately go into sanitation mode, then go right ahead. if that is true, that is an isolated and small microcosm of that particular subculture and I have yet to read of it or hear about it. If it exists, do tell, as I would be curious to learn more about this behavior.

None of which has anything to do with the OP's issue. The officer almost certainly smelled the marijuana, made some observations, asked questions and received an answer that indicated that impairment was possible - especially with some Oxycontin on board - and made a decision to arrest based upon his training and experience.

 

[cyjeff]

I see you post this all the time. How many times have you smoked? How many ways have you observed people smoking? He said he smoked 3 hours ago. We don't know if he smoked a joint, a blunt, a pipe, a bong, a vaporizer, etc. They do leave different strengths of scent and different smells. Are you familiar with the different smells they all put out? Because they don't all smell the same. And who's to say the OP didn't take a shower and brush his teeth?

Weed produces an oil based smoke that allows the smell to cling to cloth and linger there much longer than other similar smoke may.

Different apparatus will produce more or less of this oily smoke, but if it was eliminated completely the THC which is carried by the oils in the smoke would also be lost.

One factor all of these appliances have in common is that the DO produce smells detectable to an educated and trained nose.

 

[CdwJava]

Weed produces an oil based smoke that allows the smell to cling to cloth and linger there much longer than other similar smoke may.

Different apparatus will produce more or less of this oily smoke, but if it was eliminated completely the THC which is carried by the oils in the smoke would also be lost.

One factor all of these appliances have in common is that the DO produce smells detectable to an educated and trained nose.

Heck, even my kids can pick it out!

And my wife, who has never done a nefarious thing in her life (except for marrying me) can smell it with relative ease.

I recently went to a concert and, wow! What an assault on the senses!