Impaired Driving Charge After Smoking Marijuana
My question involves criminal law for the state of: Tennessee
I'm 18 years old and have never gotten in trouble. Last Saturday I was driving home from my girlfriend's house. I ran out of gas beside a burning building in which a cop was in front of, I couldn't pull off the road due to my steering wheel locking up.
Before continuing I will make it known I had smoked some pot 3 or 4 hours prior to this event and I smoke frequently.
The cop comes up and I explain to him my situation, he asks me if I'm high, I tell him no. He then asks me to step out of the car and performs a field sobriety test on a declining slope which is the road. I let him know I smoked hours before and that I was sober. The declining slope I will admit it threw off my balance as I was nervous as well.
The cop handcuffs me and puts me in the car and then administers a blood test via my consent. I was respectful towards all officers throughout the excursion.
Do I have any sort of case? What do I do?
Re: DUI in Tenn. Any Thing I Can Do
Get a lawyer, preferably one who is local, works in the court you will be appearing in frequently, and specializes in DUI/Drug cases. A good lawyer goes a very long way in marijuana and DUI cases. If you can afford one, even if it means sacrificing other things to scrape up the money, then you should do it. If you cannot then ask for a public defender at your first appearance.
Re: DUI in Tenn. Any Thing I Can Do
Self assessment of intoxication is rarely accurate. The only reason he asked if you are high is to GAIN evidence against you if you answer in the affirmative. Answering no is not exculpatory. The blood test is going to show intoxication most likely and you're in trouble. Your testimony that you had been smoking earlier is incriminationg. Signs of intoxication can persist for eight hours or more.
You need the lawyer. Preferably one with drug-dui experience as Brown points out.