Saint Clairsville, OH asked in Cannabis & Marijuana Law and DUI / DWI for Ohio

Q: Can I fight a DUI when I passed the breathalyzer but failed a blood test for marijuana?

I'm a resident of Ohio but was texting while driving in West Virginia which caused me to swerve and cross left of center. I explained this to the officer but he insisted I was intoxicated. I asked to take the breathalyzer several times but was refused. I also explained that due to previous injuries I was unable to perform the standard field sobriety test. After I passed the breathalyzer I was told that I needed to take a blood test. I initially refused but the officers insisted that I had to do it. The blood test will show Marijuana and methamphetamine in my system. I also have prior OVI convictions in Ohio..

I was denied a public defender because of my income however I can't afford the thousands of dollars quoted to me by the attorneys I spoke with so I will be going to my preliminary hearing today at 1:45 EST without counsel. I don't know what to do next. Can you please give me advice.

1 Lawyer Answer
Andrew Popp
Andrew Popp
Answered
  • DUI & DWI Lawyer
  • Licensed in Ohio

A: If the offense occurred in WV, then you need a WV attorney. Whether or not you have any legal defenses is a complex question and requires a detailed analysis of the entirety of the situation. In short, you need to find a way to obtain an attorney. Maybe readdress your financial situation with the public defender's office.

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.