Catawba, SC asked in DUI / DWI for South Carolina

Q: Charged for DUI b/c of suspicion of alcohol. Test negative for alcohol, but now being charged for DUI b/c of THC.

I was involved in a motorcycle accident when a women pulled out of her driveway in front of me. I was airlifted to the hospital and nearly died. The SC state trooper found me at fault based on him suspecting me of being under the influence of alcohol. I had not consumed any alcohol and the only reason he assumed I was under the influence b/c I had just left a bar where I met up with other people. The hospital test was no alcohol in my system. The trooper sent the test to SLED to have them test. Now 3 months later, 4 days before my court date, the officer says he is charging me with DUI b/c of THC in my system.

How can he change the basis of the charge to something like THC that stays in the system up to 90 days? Is there anyway I can fight his through a jury trial?

SC trooper came to NC hospital and collected blood test. Test showed negative for alcohol, which was what he suspected I was under the influence of. Trooper did not take eyewitness testimony of what happen.

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1 Lawyer Answer
Stephen Grooms
Stephen Grooms
  • DUI & DWI Lawyer
  • Myrtle Beach, SC
  • Licensed in South Carolina

A: While you can be prosecuted for DUI based on marijuana alone, it is very tough to prove that the amount of THC in a person's system had an impact on them at the time of the accident. I would advise you to speak to a criminal defense attorney before court. You have options, and a consult with an attorney could provide you with the knowledge you need to make an informed decision.

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