Is it possible for a marijuana DUI to hold up in court with no physical evidence?

Posted by on . 5 comments.

I understand you shouldn't be driving high on pot but lets say you get pulled over and the officers suspects you're high as a kite but doesn't smell it in the car.


There's no roadside test and testing for pot in general doesn't work because of the I did it a week ago excuse. In these instances I understand they can do a sobriety check but even if the individual fails there's still no physical evidence.

In court for a traditional DUI if the individual fails the sobriety check the actual breathalyzer is the physical evidence.

Is it possible for a prosecutor to get a DUI conviction for being high on marijuana if the defense has a lawyer as well.

Basically if with a competent defense attorney are there any scenarios where a prosecutor could successfully beat the defense? The big given there's no physical evidence other than a failed sobriety check but as I understand that in itself is meaningless without any additional evidence such as a breathalyzer.

How could prosecutor win this case against a competent defense attorney knowing there's no physical evidence?
"If you fail a field sobriety test that is good enough to convict"

I don't think so. For a normal DUI they need the breathalyzer to back it up... My scenario involves a good defense attorney, I think s(he) would tear that up.
The blood test would be meaningless, could have smoked pot a week ago.

Prose a scenario that a defense attorney or anyone with knowledge of the law could not refute
Is the answer there's no possible way to have a solid case in one of these scenarios?

The failed checkpoint could be a result of cold medication as a previous answer states.
Blood tests are meaningless in proving DUI at the time... despite if it tests concentration. Also I believe it's illegal to do blood tests or anything involving needles.
Blood tests at the time of the infraction are illegal and it would be an after the fact test if court order... this would prove nothing since it wasn't during the time of the infraction.
I have to consent to a blood test, without my consent there's nothing. You don't get the option of blood testing without my consent, who in their right mind would allow this invasive test to be done?

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  1. Bella says:
    October 3, 2009 at 8:58 am

    If you fail a field sobriety test that is good enough to convict. You could have also been on cold medicines but the fact that you can’t pass a field test is enough to say that you shouldn’t have been driving. Doesn’t matter if it was pot or something else.

  2. michelob86 says:
    October 3, 2009 at 8:58 am

    There would be evidence, because he would have had to have probable cause to pull you over (weaving, driving too slow, etc.). There would also be physical evidence (breath smell, bloodshot eyes, etc.)

    They would then have probable cause to require a blood sample for testing. That would say if any substances were present to interfere with driving.

    Edit: Blood test tells the concentration level of THC at the time of the sample. Whether you took it a week ago, or the last ten minutes, makes no difference. If the person is over the limit of intoxication, that’s illegal.

  3. nickgalant says:
    October 3, 2009 at 8:58 am

    I agree with you even a dumb attorney will win this case without a blood test. You got it nailed.

  4. sensible_man says:
    October 3, 2009 at 8:58 am

    I would advise you to talk to your attorney if you really believe all the "defense’ you have stated here. Most are totally incorrect. Where did you dream up that blood test info you mentioned at the end of your "additional details"? Blood tests are not illegal and are evidence in court.

  5. Star says:
    October 3, 2009 at 8:58 am

    I think that they have a good case against you if they do a blood test because it would show that you were likely to have been under the influence because of the way you were driving and the sobriety test confirmed that you were incapable of driving safely.

    I think perhaps if they are not able to pin you were stoned you could still be done for driving without due care and attention.

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