Criminal Defense

Can I get a DUI if I was not drinking alcohol?

Chandler | Conway

Chandler | Conway

Monday July 11, 2011

Yes.  As discussed in prior posts, DUI or Driving Under the Influence, consists of operating a motor vehicle while under the influence of alcohol OR drugs.  If your ability to drive has been impaired from drinking alcohol or taking drugs (i.e. marijuana, prescription drugs, cocaine, etc.) then you can be charged with DUI.  With that said, the Datamaster (breath test) typically only tests for alcohol.  It is difficult to determine when most other drugs entered your system.  It is easy to determine whether someone has marijuana in their system; however, it is difficult to determine when the marijuana was ingested.  Therefore, if you are arrested for driving while under the influence of drugs, such as driving under the influence of marijuana, your DUI might be much more difficult for the prosecution to prove up at trial depending on the facts.

Related Articles