dui for drugs

What is the name of your state? california

i got a dui charge for being high on marijuana got a (pas) test came back
.00% what can i do to fight this charge

i got a DUI drug charge too, and i told them that i took 2 pills of Xtacy 2 days before the day i got arrested. I talk to my pb ,he said try to get a friend that was with me on that day to prove that i didnt take any xtacy on the day i got arrested and they might drop my case. I got the police report and they didnt charge me for DUI alcohol , because it came out 0.02 so they charge me Dui drug instead.

sorry for my bad english .

x3x said:

i got a DUI drug charge too, and i told them that i took 2 pills of Xtacy 2 days before the day i got arrested. I talk to my pb ,he said try to get a friend that was with me on that day to prove that i didnt take any xtacy on the day i got arrested and they might drop my case. I got the police report and they didnt charge me for DUI alcohol , because it came out 0.02 so they charge me Dui drug instead.

sorry for my bad english .

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You know...I've read the DUI statutes over and over and no where can I find anything that says that the intoxicant must be consumed in the same day that you are driving impaired... maybe your pd can give you the case law behind that so we can all see it. I guess if I have a couple of drinks at 11:30, but don't get in my car until 1am, I should be ok because technically I didn't have a drink that day, but the day before... interesting.

You may want to hire another attorney.

x3x said:

i got a DUI drug charge too, and i told them that i took 2 pills of Xtacy 2 days before the day i got arrested. I talk to my pb ,he said try to get a friend that was with me on that day to prove that i didnt take any xtacy on the day i got arrested and they might drop my case. I got the police report and they didnt charge me for DUI alcohol , because it came out 0.02 so they charge me Dui drug instead.

sorry for my bad english .

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You should remain silent. Why on earth did you admit to having illegal drugs? You think that was going to go easier on you than alcohol?

MDMA (well it's metabolites) have very LONG half lives. It will trigger drug tests for many days after consumption. The tests aren't real specific (generally they'll hit any meth- based stimulant) nor do they indicate quantity left in the system. However the presumption is there is no lower "legal limit" for illegal drugs.

Theres a lot of pharmacopia on MDMA, while the 'recreational' effects tend to last several hours, the persisant effects can run longer. You'd have a hard case convincing a court that you weren't impaired having consumed the drug recently.

You need to do two things:

1. Remain silent.
2. Get a lawyer before opening your mouth.

If they did the FSTs and you were demonstrably impaired, then the obvious conclusion may be that you were impaired by drugs, not alcohol.

Oh, and most people lie about when they last took any drugs. The visible effects of MDMA after 48 hours would be minimal to non-existent, and it is unlikely that they would get a positive test for it after 48 hours (given the standard cutoff of most crime labs), and it is not part of the basic drug screen in any event - at least in my state. So, if you admitted to using in the last 48 hours, they are probably going to assume you are lying and took it more recently.

Consult local counsel.

- Carl

You will probably be charged and convicted due to the results of the blood test. If you were in any way beligerent and disrespectful, they're going to do everything they can to make it as difficult and inconvenient as possible. They really don't care when you ingest, just that they feel that your impairment was effecting your driving. I agree with everyone else. Only talk through a lawyer.

the judges police and laws are getting out of hand

finally its over . Went to court today and took the plea bargain. They drop my DUI charge down to reckless driving. 1k fines , 2 yrs court probation and 12 hours of school.

**** no more drink and drive for me, this is a lifetime lesson.

x3x said:

finally its over . Went to court today and took the plea bargain. They drop my DUI charge down to reckless driving. 1k fines , 2 yrs court probation and 12 hours of school.

**** no more drink and drive for me, this is a lifetime lesson.

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Smart choice. The easiest way to not get caught is to not drink or do drugs and drive. So many people try and beat the system, blame the cops when they should be looking at their own behavior. I learned the same lesson. Don't drink & drive - It's not a difficult concept to understand.

Bradhendrickson said:

the judges police and laws are getting out of hand

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Yeah! How DARE they arrest impaired drivers!

The nerve!


- Carl