OUI (drugs) not guilty

[mauicrf450rider]

I recently got in an accident, and was arrested for an OUI (drugs). I live on Maui, Hawaii. The DUI officer went through all the field tests, determined I wasn't under the influence of alcohol, but showed involuntary reactions that lead him to believe I was under the influence of 'drugs' whether they were allergy medicines, prescriptions, or illicit substances. He gave me the option to blow into the breathalyser to clear my name for a DUI, and I blew 0.00. Down at the station I was required to give either urine or blood. I gave urine. The test will likely come back positive for marijuana, but I don't understand how that can conclude that I was under the influence of marijuana at the time of the crash. Just it's presence in my system doesn't mean anything as far as I know. How can I fight this. I had smoked earlier that day, but it had been over 6 hours, and am quite sure I was no longer 'under it's influence.' The cause of the accident was reckless driving on my part, by they aren't pressing charges for that. If they were, I'd happily plead guilty to that, but I don't think it's right to pin this on 'another stoned driver.' As asked before, what do I need to know to fight this properly. I intend to plead not guilty as truthfully I am not guilty of the crime I'm being charged with. Do you recommend I get a lawyer? I intend to seek a lawyers counsel, but hadn't decided whether or not I wanted to have one represent me.

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[paguy88]

The test will likely come back positive for marijuana, but I don't understand how that can conclude that I was under the influence of marijuana at the time of the crash

how are you coming to this conclusion?

1. you where driving.

2. you just admited that the urine test will likely come back positive for marijuana

how does this if the test comes back positive not conclude the fact the drugs impaired your ability to drive?

[BigMistakeFl]

The test will likely come back positive for marijuana, but I don't understand how that can conclude that I was under the influence of marijuana at the time of the crash

I recall something about the urine cannabinoids test can detect marijuana use for several days after. That's one of the risks of using drugs, it can turn up in a test later even if you feel you were no longer under its effects. As for proving impairment, you were in an accident. It may be your word against the word of the cop and any other witnesses.

[theyerb]

Paguy, it doesn't take a genius to figure out what he's trying to say. He smoked weed earlier that day-- while a drug test will confirm that he has had marijuana in his system recently, it doesn't necessarily mean he was under the influence at the time of the accident.

I think this is a good argument, however, in my opinion without any real knowledge, if the officer testifies that you were "impaired" then that takes the benefit of the doubt. Ask for dashmount video at court and fst results.

In your opinion, were you impaired at the time of driving for any reason? Cheers

[mauicrf450rider]

Paguy, it doesn't take a genius to figure out what he's trying to say. He smoked weed earlier that day-- while a drug test will confirm that he has had marijuana in his system recently, it doesn't necessarily mean he was under the influence at the time of the accident.

Thanks Yerb. I refrianed from replying this morning when I read the above previous two replies because I was slightly annoyed at their lack of 'advice' and lack of really anything worth mentioning.

To answer your question, no I don't believe I was impaired in the slightest. Both recommendations sound good. I'm pretty sure they didn't have a camera though. What does FST stand for? "field sobriety test?" I will likely get a lawyer to represent me, but I still want the widest variety of advice, and knowledge about it.

[paguy88]

Originally Posted by mauicrf450rider

Thanks Yerb. I refrianed from replying this morning when I read the above previous two replies because I was slightly annoyed at their lack of 'advice' and lack of really anything worth mentioning.

To answer your question, no I don't believe I was impaired in the slightest. Both recommendations sound good. I'm pretty sure they didn't have a camera though. What does FST stand for? "field sobriety test?" I will likely get a lawyer to represent me, but I still want the widest variety of advice, and knowledge about it.

dude you are reading what you want into what I wrote..

you are annoyed we did not say warm and fuzzy stuff about the drugs like oh don't worry the tests will come back ok etc... fact is you admited the test might come back psoative for this illegal substance in your system while driving.. they dont have a limit set up like .08 for drugs... it's illegal and if it is still in your system then you are going to have an issue.

how do you know the drugs did not effect your abilty to drive?

you admited the exhibited signs that lead the officer to ask for the test.

My advise is get a good DUI lawyer and stop smoking the weed man no drugs no booze = no dui.

and best of luck

[mauicrf450rider]

Well still, your first reply basically told me that when/if the test comes back positive, that's going to determine whether or not the drugs impaired my ability to drive. When I said the test will likely come back positive, that was based on my knowledge that pot does stay in your system up to a month or so, and I'd been recently smoking often. That has nothing to do with whether or not I was under it's influence or impaired by it at the time of the accident. I don't know if the drugs presence in my body impaired my ability to drive, but I do know that they had nothing to do with the crash. To go into details, I was attempting to overtake a car on a double yellow, in a place I've done numerous times before. Obviously there was a small blind spot that hid the car I hit this time. Overtaking a car in this place is something I would, and have to 100% sober. Whatever presence of drugs there was in me had nothing to do with the accident. As I said before, if they were to charge me with reckless driving, I'd plead guilty.

I'm not looking for a sugar coated reply that says the test will be ok. I'm looking for any experience in fighting a OUI like this one, even with a positive test. Based on that the presence of pot in my system does not prove that it impaired my ability to drive, or that I was even under it's influence at the time.
It seems to me like a good lawyer is going to be a must.

Even though I was initially annoyed, I do appreciate your response. Maybe I read/took it differently then you intended.

[BigMistakeFl]

And you missed the point of my post which was that the prosecution is going to pursue a conviction because impairment will be implied by the marijana present in your blood at the time of the accident. They can cite studies showing impairment in cognitive functions long after the actual marijuana use.

Not saying it it's a totally lost cause, just think you need to be prepared for penalties. Get a lawyer who specializes in this type of defense and roll the dice.

[paguy88]

Originally Posted by mauicrf450rider

Well still, your first reply basically told me that when/if the test comes back positive, that's going to determine whether or not the drugs impaired my ability to drive. When I said the test will likely come back positive, that was based on my knowledge that pot does stay in your system up to a month or so, and I'd been recently smoking often. That has nothing to do with whether or not I was under it's influence or impaired by it at the time of the accident. I don't know if the drugs presence in my body impaired my ability to drive, but I do know that they had nothing to do with the crash. To go into details, I was attempting to overtake a car on a double yellow, in a place I've done numerous times before. Obviously there was a small blind spot that hid the car I hit this time. Overtaking a car in this place is something I would, and have to 100% sober. Whatever presence of drugs there was in me had nothing to do with the accident. As I said before, if they were to charge me with reckless driving, I'd plead guilty.

I'm not looking for a sugar coated reply that says the test will be ok. I'm looking for any experience in fighting a OUI like this one, even with a positive test. Based on that the presence of pot in my system does not prove that it impaired my ability to drive, or that I was even under it's influence at the time.
It seems to me like a good lawyer is going to be a must.

Even though I was initially annoyed, I do appreciate your response. Maybe I read/took it differently then you intended.

np good luck with your case. I do hope you get a fair ruling whatever that might be.

[tranquility]

The use and limits of chemical testing in regards to use of marijuana and driving are problematical. The drug metabolites are fat soluable and release to the blood stream over a long time. (I've heard the half-life is 10 days but don't have a study in front of me.) Because there is not a per se limit of drug levels as is with alcohol, the prosecution will have to prove you were under the influence of marijuana when driving.

They will get an "expert" to testify you were. Trust me, they will. You will need to counter that with your own expert. You will need an attorney and it will be expensive. But, becuase of the specific facts, it is well worth your time to see a DUI attorney to see what your chances are in court. They will say, "drugs", "crash" and "failed FST" you will say "not high", "accidents happen" and "FST/officer is BS". They will get an expert to say drugs=under the influence and you will get an expert to say earlier use of drugs does not=under the influence. Each side will testify as to how the accident happened. The cop will testify as percipent and expert on FST and your fail and you will testify as percipent on your acts in the FST and your expert will testify how the FST is BS or not valid for MJ or not valid for past use or how you were just in a crash and the adreneline made you fail. The jury will decide. What do you think your chances are? How much do you want to spend for good experts?

[CdwJava]

In MY state of CA, and, I believe, in AZ as well, there is no magic concentration for the THC metabolites that will equal impairment. If I am correct about AZ, the impairment must be shown by the conduct of the FSTs (Field Sobriety Tests) and other observations by the officer. The mere presence of marijuana in your system should not be sufficient to gain a conviction.

However, the presence of marijuana coupled with poor or even marginal performance on the FSTs COULD be a strong enough case to convince a jury you were impaired.

This is one of the problems with using marijuana or any other drug - "benign" as they might be. They can come back to haunt you when you least expect it.

- Carl

[tranquility]

However, the presence of marijuana coupled with poor or even marginal performance on the FSTs COULD be a strong enough case to convince a jury you were impaired.

Well, and the fact he was in a crash.

[CdwJava]

Originally Posted by tranquility

Well, and the fact he was in a crash.

That, too.

- Carl