Legal Question in Criminal Law in Michigan
Can I be charged with a marijuana dui and possession if I wasn't arrested or ticketed at the time of the incident?
1 Answer from Attorneys
In order to be charged with drugged driving (operating under the influence of marijuana) they would need a chemical test to confirm you had THC in your system at the time you were operating the vehicle. Usually they do a blood test for those type of cases. As for the possession, if they confiscated the marijuana you can be charged later once the lab results confirm it is indeed marijuana. They can take anywhere from weeks to months. Just because they didn't haul you into jail that night or give you a citation slip doesn't mean that you can't be charged later. However, for the drugged driving they would need to have gotten a chemical test that night if they wanted to bring those charges later.
I would suggest getting copies of the police reports and vides from the arresting agency via a Freedom of Information Act (FOIA) request. Then consult with a lawyer to determine what the next course of action might be. If charges are forthcoming it's a good idea to get a lawyer involved now so you don't have to catch a lawyer up to speed when you are charged. If you get a lawyer involved now he can hit the ground running when/if the time comes.
Feel free to contact my office for more information. If we are unable to represent you, we can provide a referral for you. Good luck.
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