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?

Related Topics:
1 Lawyer Answer
Shanone Emmack
Shanone Emmack
Answered
  • 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!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.