Criminal Defense Q&A: I Was Arrested for DUI Because My Car Smelled Like Weed—But I Was Sober! What Can I Do?

Question:

In December, I drove through a checkpoint; I was sober but my car smelled like weed. The officer asked me to get out. He performed the field sobriety test, but apparently didn’t get the results he wanted, so another officer came and had me do it again. They took me in handcuffs to the station, put me in a room, then read me my Miranda rights. Then they conducted the sobriety tests again for a third or fourth time. After everything, the officer told me that they were going to do a blood test (weed will show up in my system, but I was not smoking that night ). They told me I was going to be released on citation in a few hours. Obviously that was a lie; I was released the next day. They told me I can get my results at the address listed on the little slip they gave me. Well, here we are more than a month later: I called the place today, and they told me that all they have are BAR nothing more! My court date is next week, and I don’t know what to do.

Answer:

It is hard to say whether the district attorney will file DUI charges against you based solely on the information that you have provided.

Much will depend on what is contained in the police reports. For instance, did you explain to police why your car smelled like marijuana? Or did you admit to having recently consumed marijuana? [Note: Do not answer these questions on a public forum. Just think about them and plan to eventually discuss them with your criminal defense attorney.] Also, you noted that the officers asked you to perform field sobriety tests three separate times. It is relevant to know why the tests were conducted multiple times and what differences, if any, were observed each time you performed the tests.

The presence of marijuana in your blood must also be scrutinized. It can be challenging for prosecutors to prove when, and even how much, marijuana a person consumed based solely on the results of a blood test.

Ultimately, the prosecution must prove not only that you had ingested marijuana close in time to when you drove, but also that the marijuana you consumed actually IMPAIRED your ability to drive. Vehicle Code 23152(f), 312; CALCRIM 2110.

All of these outstanding questions is why it is necessary to review the police reports before a full assessment of your case can be made.

What is certain is that you should plan to appear at your court date. You can either retain a private attorney before the hearing or, if you learn that charges are filed against you, choose to have the public defender represent you.

Once you have legal representation, you and your defense attorney can review the evidence against you and see how best to proceed.

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