Can You Still be Charged With DUI Drugs if Only Cited for Possession

My question involves criminal law for the state of: Georgia

I was pulled over for failure to maintain lane. The officer pulled me over and explained that he did so because I was swerving in my lane. He immediately smelled weed and I gave everything I had to him. He wanted to know the last time I had smoked and I told him 20 mins before he pulled me over. He then asked me to step out of the car and patted me down and asked me to do a sobriety test because he thought I was drunk. I explained that I had not had anything to drink and the reason I was swerving was because my phone had fallen between the seats and I was trying to find it. He was nice and respectful. After I had completed the sobriety test, he told me that I passed but by a slim margin. He told me that I could have had a DUI, but instead he explained that he was just going to write me a ticket for failure to maintain lane, and for a misdemeanor possession of marijuana. I am grateful for not being taken to jail, and it is in my opinion that the officer let me off easy. This was my first time ever being pulled over, and my first time getting a misdemeanor possession charge. My question however is that when the officer searched my vehicle he found a bottle that I had smoked out of earlier that day and he never said anything to me about it, nor did he write me a ticket for it. Would they bring more charges upon me in court on my court date for paraphernalia? Also he said that I passed the sobreity test, but would they bring even more charges upon me for a DUI? Im just worried because I read somewhere that in court they can press additional charges after the fact. Was the officer really just being nice and letting me off easy or was he just letting me go for the time being just to be screwed over later in court?

I can't read his mind.

You'll just have to sweat it out until court.

I suggest you hire an attorney.

A misdemeanor conviction can get you jail time and a big fine. I don't see that as "letting you off easy."

Quote:

---

Quoting stupidandfoolish

---

My question involves criminal law for the state of: Georgia

I explained that I had not had anything to drink and the reason I was swerving was because my phone had fallen between the seats and I was trying to find it.

---

You're lucky you didn't get into an accident because of the swerving. Next time, pull over and then search for the phone.

If the officer wanted to pursue a DUI charge, he would have done so at the time. That doesn't mean it's impossible that a charge will be added, but it's unlikely.

For first offense simple possession of marijuana, there is a possibility of a deferred sentence. OCGA Sec. 16-13-2. You should discuss that possibility with your lawyer.