Q: If I was charged with D.U.I for a positive drug screen and plead guilty and was already sentenced wouldn't it be double
Jeopardy to later be charged with F-5 internal possession as a whole new case filed against me for that same urine screen which was used as evidence to charge me with D.U.I? I feel that is being tried for the same case twice.
A: This would be an interesting one to argue. The standard for double jeopardy is whether each offense requires proof of an element which the other does not. For the DUI that’s easy. DUI requires proof that you operated a motor vehicle. Drug possession certainly does not. Similarly, normal drug possession requires proof that you had some drugs. DUI requires proof that you were under their influence, not that you’ve got a bag of drugs. But, where the alleged possession is internal, those elements are arguably the same. If you are under their influence you must necessarily possess drugs internally. You should hire an attorney to research and pursue such an argument.
Dimitrios Makridis agrees with this answer
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