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  1. #1
    Join Date
    Sep 2016

    Default Can You Be Charged With DUI for Marijuana Over a Couple of Tokes

    A New York driver was stopped for a traffic offense, and the officer asked about alcohol and drug use. The driver admitted to smoking "a couple of tokes" of marijuana before driving, but also said that he was not impaired by the marijuana.

    Can the driver be charged with DUI drugs for driving after smoking marijuana?

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Can You Be Charged With DUI for Marijuana Over a Couple of Tokes

    It is possible to be charged with impaired driving based on marijuana use (or any other intoxicant) if you admit to its use and there is some corroborating evidence of your use, even if you argue that it did not affect your driving.

    If the driver was ticketed for the traffic offense and allowed to leave without further questioning or testing, or was not ticketed at all, odds are nothing more is going to come of it.

    If the officer wanted to pursue an impaired driving charge, the officer would likely have required field sobriety testing, and may also have sought a blood test.

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