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How do you beat a drug driving charge?
I was arrested for driving while intoxicated after smoking a bit of marijuana. However, I smoked the marijuana several hours before I was pulled over. I didn’t feel buzzed or intoxicated. The arresting officer administered a field sobriety test, which I passed in all aspects except for the rapid eye test. How do you get a drug-impaired driving charge dismissed?
Eric Schad · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
Beating a drug driving charge isn’t easy, but you do have a few options. Your first task is to hire an experienced lawyer ASAP. The sooner you get legal counsel, the better.
Once you hire a lawyer, getting a driving under the influence of drugs (DUID) charge thrown out is still cumbersome. But if you weren’t given a blood test within three hours of the incident, you may have a shot of getting the charge thrown out. Improper actions by the arresting officer and not saying anything to incriminate yourself can work in your favor, too.
Like with most criminal prosecution cases, the onus of proof is on the prosecution. If you’re being convicted of DUID for the first time, the state will usually go lighter on the sentencing—so long as you have no other major convictions. Community service and a fine of $500 to $1,000 are common penalties.
However, your attorney fees may be as high as $10,000. This is why it’s so important to avoid driving after you’ve ingested drugs, whether legal or illegal.
With a conviction also comes an uptick in your
car insurance
rates. So, use the Jerry
app to compare quotes and get the best price possible. After you find a great rate, Jerry can help you buy new insurance and cancel your old policy. Users save an average of nearly $900 per year.View full answer
- Gregory R.
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Jerry partners with more than 50 insurance companies, but our content is independently researched, written, and fact-checked by our team of editors and agents. We aren’t paid for reviews or other content.
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