Q: Can a officer arrest me for DUI of medication but put different details in affidavit? (Marijuana)
I was pulled over for speeding.The officer said he smelled marijuana.I was honest and told him I did have marijuana. He gave me a field sobriety test.I did tell him I take medication but I did not smoke marijuana that day. He told me i'm under arrest for taking the medication and driving. And the police after David, he did not mention my medication.He only mentioned Marijuana. The medication doesn't show up on a standard drug test. The medication is suboxone. I did willingly take a blood test. There is going to be marijuana in the blood test, But I did not smoke marijuana that day. I have court in a couple days and the judge is going to think I was under the influence of marijuana at the time, Because the officer didn't put.I was under arrest for being on medicine.He put it was marijuana
A:
Well, if you took a blood test, that should settle the issue as to exactly what was in your system. Unfortunately, in many counties the fact that you have some overtime or controlled drug present in your system is usually enough for them to pursue this criminal charge against you. They will rarely “quantify,” the drugs found in the blood test which would help explain whether they had metabolized or could potentially still be impairing your ability to drive safely.
You need to immediately contact criminal defense attorney to explore all of your options. Best of luck!
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