Asked in DUI / DWI and Criminal Law for Tennessee

Q: My husband was arrested on feb13 for dui..sheriff took him for blood draw. I bonded him out on 14th. Yes he had

Heroin in his system.Came to our home and arrested him on. Feb 18 for a drug charge. Why did they rearrest him? He had no drugs in car or on his person on dui arrest. Can they file a warrant for what was in his blood?

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1 Lawyer Answer
Shanone Emmack
Shanone Emmack
  • DUI & DWI Lawyer
  • Franklin, TN
  • Licensed in Tennessee

A: No they cannot arrest him for a drug charge because he had drugs in his system. He had to be in possession of them. There must be more to it. I recommend you call the clerk's office and get a copy of the affidavit of complaint and see what it says. I also recommend you hire an attorney to look at the charges and defend him. Good Luck!

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