Alcohol & Drugs: DUI, DWI underage dui, help needed

[AirGoodman]

Hi.
I was just charged in a dui/dwi case for driving under the influence of alcohol and marijuana from a couple weeks ago. Im 20 years old. I caused an accident one night by running a stop sign accidentally. no one was hurt. I was arrested.

I submitted to a blood test and the following results were obtained:
.086 bac
delta-9-thc 7.67 mcg/L
11-hydroxy delta-9 thc 5.03 mcg/L
11-nor-9 carboxy thc 95.68 mcg/L

Will they try to prove marijuana inhibited my ability to drive. I dont feel it did, as i smoke regularly and only smoked once about 3 or 4 hours prior to this incident. Is it easy to fight this charge?

the k-9 searched my car and found traces of marijuana/seeds. their reasoning for searching the car was suspicion after seeing air fresheners, a calculator in the glove box, and an empty money box in the backseat.

My hearing is in a month. Is there any way to get this changed/postponed as i was planning on being out of town at this time.

My record was clean prior to this incident so any charges all charges are first offenses. I have the hearing in one month. I have no experience with legal troubles so Id like any and all the help and advice i can get.

what penalties should i expect as far as liscense suspension, probation, classes etc? (Im in centre county pa)

should i fight this with an attorney or just take what they give me?

thanks

 

[army judge]

Hi.
I was just charged in a dui/dwi case for driving under the influence of alcohol and marijuana from a couple weeks ago. Im 20 years old. I caused an accident one night by running a stop sign accidentally. no one was hurt. I was arrested.

I submitted to a blood test and the following results were obtained:
.086 bac
delta-9-thc 7.67 mcg/L
11-hydroxy delta-9 thc 5.03 mcg/L
11-nor-9 carboxy thc 95.68 mcg/L

Will they try to prove marijuana inhibited my ability to drive. I dont feel it did, as i smoke regularly and only smoked once about 3 or 4 hours prior to this incident. Is it easy to fight this charge?

the k-9 searched my car and found traces of marijuana/seeds. their reasoning for searching the car was suspicion after seeing air fresheners, a calculator in the glove box, and an empty money box in the backseat.

My hearing is in a month. Is there any way to get this changed/postponed as i was planning on being out of town at this time.

My record was clean prior to this incident so any charges all charges are first offenses. I have the hearing in one month. I have no experience with legal troubles so Id like any and all the help and advice i can get.

what penalties should i expect as far as liscense suspension, probation, classes etc? (Im in centre county pa)

should i fight this with an attorney or just take what they give me?

thanks

Your BAC is .06 higher than the the legal standard for driving under the influence for minors!
Your statement, I enlarged in red above, won't help you.
You have the right to remain silent, and you should use that right!
You have the right to plead not guilty and force the state to prove your case.

A DUI conviction has ramifications far beyond a merer traffic citation.
Your insurance rates will increase, significantly.
Your license could be suspended, and/or restricted.
You could spend a couple of days in jail.
You might be forced to get an interlock device installed on your car.
You might get probation and be ordered to do community service.
The fine and court costs will be massive.
The entire affair will be far more expensive than you can imagine.
It will forever be a stain on your record.

I suggest you plead NOT guilty and ask the court to appoint a lawyer, if you can't afford one.
If the court won't appoint one, (or you can afford one), you might be better off hiring a lawyer.
I wouldn't say anything about smoking plant matter that has been ruled an illegal drug.
I wouldn't say anything more than, "Not guilty, your honor!"
Then let your lawyer do the talking for you.



I forgot to add, that PA takes underage DUI offenses very seriously.


Violation of Zero Tolerance Law: If you are arrested for DUI, the police will ask you to take a breath, blood, or urine test. If your BAC is 0.02% or higher, and you are convicted of DUI, you can expect:


* Up to one-year driver's license suspension
* Drug and alcohol evaluation
* Fines (up to $500 for a first offense), court costs and restitution
* To complete a state-approved Alcohol Highway Safety Program, if ordered by the court

If you're 18-20, you may be ordered to Accelerated Rehabilitative Disposition Program if you qualify. If you don't qualify, you will be sentenced to 48 hours in jail.

Pennsylvania Probation: Generally 6 months for all.

Pennsylvania Community Service: 150 hours possible.

A drunk driver who is at least 18 but under 21 faces the following penalties:

* A first-time offender must undergo a mandatory minimum prison term of not less than 48 hours; must pay a fine between $500 and $5,000; must attend an alcohol highway safety school; and must comply with all drug and alcohol treatment requirements imposed by the sentencing judge. The judge may also impose up to 150 hours of community service.

 

[mightymoose]

The don't need to prove that marijuana effected your driving. The .086 alcohol is sufficient for the DUI.

 

[army judge]

The don't need to prove that marijuana effected your driving. The .086 alcohol is sufficient for the DUI.

It is even worse than that, MM.

In PA, for minors accused of DUI, they nbeed only show .02 to prove they were legally DUI.

Is it that way in Cali, too?

The OP tested at .086.

The OP was only 20 years old at the time of the offense.

 

[mightymoose]

In California a minor with .01 BAC can be arrested if driving.

My point was that he needn't worry about them proving the marijuana effected his driving... they have all they need to charge him with in his BAC. The marijuana is pretty much irrelevant since he had alcohol in his blood.

*** hmm... you got me to look it up real quick. Actually CA requires .05 or higher to charge for a DUI, but .01 to .04 is still grounds for arrest, tow, and suspension, as well as various associated penalties.

 

[army judge]

In California a minor with .01 BAC can be arrested if driving.

My point was that he needn't worry about them proving the marijuana effected his driving... they have all they need to charge him with in his BAC. The marijuana is pretty much irrelevant since he had alcohol in his blood.

*** hmm... you got me to look it up real quick. Actually CA requires .05 or higher to charge for a DUI, but .01 to .04 is still grounds for arrest, tow, and suspension, as well as various associated penalties.

No problem, MM.
I knew that PA is among the toughest states in the nation when it comes to minors and DUI.
From what I remember, blowing a .02 isn't even equivalent to drinking a beer, a glass of wine, or a mixed drink.
PA really means zero tolerance when it comes to minors and DUI.
A darned good law if you ask me.

In Texas, we're even tougher on this.
Heck, we're southerners, what do you expect?
In Texas, its "any detectable amount", and the minor has committed DUI.

106.041. Driving Under the Influence of Alcohol by Minor

(a) A minor commits an offense if the minor operates a motor vehicle in a public place while having any detectable amount of alcohol in the minor's system.

(b) Except as provided by Subsection (c), an offense under this section is a Class C misdemeanor.

(c) If it is shown at the trial of the defendant that the defendant is a minor who is not a child and who has been previously convicted at least twice of an offense under this section, the offense is punishable by:

(1) a fine of not less than $500 or more than $2,000;

(2) confinement in jail for a term not to exceed 180 days; or

(3) both the fine and confinement.

(d) In addition to any fine and any order issued under Section 106.115, the court shall order a minor convicted of an offense under this section to perform community service for:

(1) not less than 20 or more than 40 hours, if the minor has not been previously convicted of an offense under this section; or

(2) not less than 40 or more than 60 hours, if the minor has been previously convicted of an offense under this section.

(e) Community service ordered under this section must be related to education about or prevention of misuse of alcohol.

(f) A minor who commits an offense under this section and who has been previously convicted twice or more of offenses under this section is not eligible for deferred adjudication.

(g) An offense under this section is not a lesser included offense under > Section 49.04, Penal Code.

(h) For the purpose of determining whether a minor has been previously convicted of an offense under this section:

(1) an adjudication under Title 3, Family Code, that the minor engaged in conduct described by this section is considered a conviction under this section; and

(2) an order of deferred adjudication for an offense alleged under this section is considered a conviction of an offense under this section.

(I) A peace officer who is charging a minor with committing an offense under this section is not required to take the minor into custody but may issue a citation to the minor that contains written notice of the time and place the minor must appear before a magistrate, the name and address of the minor charged, and the offense charged.

http://www.tx-drunkdrivinglawyer.com/tx-dwi-legal-information/underage-drinking-texas.htm

 

[AirGoodman]

I know im going to be charged with DUI regardless. But im charged with driving under the influence of alc and mj.

Im looking for advice on the marijuana side of things mostly. i wasnt high when i wrecked, but obviously still tested positive since i have smoked regularly. Can I get all mj charges dropped since they cant prove i was high? can i be charged with anything dealing with past mj smoking if i use that as an explanation for my high thc results? what is a general reading on my thc results.

and on different subjects
-anyone know how long after the hearing til you have your liscense suspended usually?
-can you/is it easy to change hearing date?

all input appriciated, no moral police please. i know i messed up.
thanks

 

[mightymoose]

Your best option is to try for a plea to a lesser charge. Work with your attorney when the time comes.

 

[CdwJava]

In California a minor with .01 BAC can be arrested if driving.

My point was that he needn't worry about them proving the marijuana effected his driving... they have all they need to charge him with in his BAC. The marijuana is pretty much irrelevant since he had alcohol in his blood.

*** hmm... you got me to look it up real quick. Actually CA requires .05 or higher to charge for a DUI, but .01 to .04 is still grounds for arrest, tow, and suspension, as well as various associated penalties.

Actually, to further clarify for others not in CA, there is no minimum BAC for a DUI in CA. What we DO have are two levels of underage DUI/zero tolerance alcohol consumption. We have VC 23136 for the .01 zero tolerance, and 23140 for .05. Charging either one does not preclude a charge for DUI on drugs and/or alcohol pursuant to VC 23152(a) which is our standard DUI offense (23152(b) being the per se violation for a BAC of .08+).

And, as MM pointed, out, unless PA has a statute alleging a separate violation for driving under the influence of a controlled substance, all they will need to show is the impairment and the presence of alcohol. The presence of THC will only go to strengthen the impairment argument. And, for our OP, you may not THINK that you were impaired, but depending upon how much you smoked, you likely WERE impaired ... you just were incapable of adequately evaluating that fact as judgment is one of the first things to go, particularly when alcohol is also consumed. And, the two substances - alcohol and marijuana - can have what is known as a synergistic effect and thus exaggerate the effects of each other.