Saint Peters, MO asked in Criminal Law for Illinois

Q: If I get one charge, can I get another charge over the same situation a month later?

My friend was under the influence of marijuana when he got in a car wreck a month ago. The cops charged him with a “lane violation” and took him to the hospital for blood tests. It’s been a month later, can they turn around and charge him with a DUI of marijuana?

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2 Lawyer Answers
Juan Ooink
Juan Ooink
Answered
  • Criminal Law Lawyer
  • Bolingbrook, IL
  • Licensed in Illinois

A: Absolutely, this happens all of the time. They wait for the results of the blood test and then if it comes back positive, new charges are filed. Your friend needs to hire a criminal defense attorney right away. The sooner an attorney is hired, the better.

Tim Akpinar agrees with this answer

Brian Morgan
Brian Morgan
Answered
  • Criminal Law Lawyer
  • Rockford, IL
  • Licensed in Illinois

A: More than likely they can. They are well within the Statute of Limitations to charge that offense. There is one possible exception to that rule. The real question is can they use that blood draw against him in Court? Certain procedures and protocols must be followed to make that information admissible. He should consult with an attorney ASAP.

Tim Akpinar agrees with this answer

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