I smoked weed many hours before driving, and then got into a car crash (not while high). I was coming from a party where people were smoking marijuana (but I was not). They blood tested me very soon after the crash, and I am almost sure I am going to come out positive (it was less than 24 hours before hand). What can I do? Can I get in serious trouble for weed DUI? Is it still weed DUI if you did it 24 hours before driving? How can I (or they) prove that it actually was or was not 24 hours earlier?
theres no way they could prove you were high when he crash happend, they could allways assume that tho. but they have no physical proof that you were high during the crash. was the blood test tesing for THC or other drug chemicals?
It's a gray area. I got charged with a DUI (for pot) when I wasn't even driving but still in my car, along with many other things. I got a good lawyer, and he got me out of most of it, possibly what helped was the fact the cops didn't test me after they brought me to the station. All I ended up with was simple possesion and a year probation (which has all started very recently =( ) They will find those metabolites, and they will more than likely assume you were high and charge you. As I said though, they're lacking a decent amount of proof. Get a lawyer and you'll be fine.
