dui for marijuana?
i was pulled over presented the officer with valid drivers licenses, registration, and insurance. he said he could smell marijuana in the car. I said there was nothing in the car. And he said you've been smoking recently. and i said no that he might be smelling it off of our cloths from where we came from. He then requested that step out of the car and do a sobriety test. i was not advised my rights, and had agreed to do the test, before he actually told me i didn't have to. He then said he could tell that i was high because of my eyes. and took me to a detox center. they wanted me to do a Urine analyst. I didn't think it would make a difference so i refused. I requested a lawyer, because i didn't understand my rights. I didn't sign a paper that said i refused to UA. Also, they didn't have any evidence in the form of marijuana or paraphernalia . please help i've never had a ticket before.
3 Answers from Attorneys
Re: dui for marijuana?
This is a common problem - the police don't like to advise you of your rights for obvious reasons. You are looking at a revocation of your drivers license for one year minimum. Email me or check out my website dui-advisor.com.
Re: dui for marijuana?
It is possible to be convicted under these circumstances, so get a good lawyer and fight it.
Re: dui for marijuana?
You may have a defense to suppress information gained by the police after you were stopped, if the officer did not have probable cause to stop you in the first place. You don't mention why you were pulled over, so that's impossible to analyze.
If the officer did have a good reason to pull you over, and arrested you for suspicion of driving under the influence of a drug, under Colorado's Express Consent law you were required (but not forced) to allow a urinalysis. You refused. As a consequence your driver's license may be revoked for one year. You are entitled to a hearing, which you need to request within seven days of your ticket.
You don't have to have signed anything to indicate a refusal to comply with Express Consent. A request for a lawyer before accepting your responsibility to comply with Express Consent is counted as a refusal. There is no Miranda requirement (reading you your rights) before asking you to comply with Express Consent.
It is unlikely, though not impossible, that you will be able to save your license for the year. The criminal case (DUID), however, is a different animal. You may be able to plead to a non-DUI charge (as a Boulder City Councilman did a little while ago), or win a dismissal or acquittal altogether. It couldn't hurt to hire a lawyer to help you do that.
Good luck.
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