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If I go to trial on driving under the influence of marijuana and lose can I go to jail.

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You should get an attorney. If its your first offense, I seriously doubt that you'll receive jail time.

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Yes

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Well it really depends on where you are, but I think in most places driving under influence isn't enough to put you in jail. But the fine you'll get can be massive.

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indeed you will

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No not at all..... actually there is a really big chance of it

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Yes, but how can they prove it?

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Good point. There isn't a legal or illegal limit of THC as there is with alcohol. If this kid got an attorney he could probably get it reduced to reckless driving.
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That would be his best bet. In my area, a bordering state can order the accused to submit to a blood test. A positive result leads to a possession charge. But that still can't be taken as under the influence.
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this is a not answer

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this is a not comment
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yes you can because you werent supposed to be driving under the influence any way so good luck buddy

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I agree with Torn..how would they prove that? Was that the only charge? Did you have some on you?

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It depends on where you are and the law there. As people have mentioned, generally first time offense can avoid jail time on a conviction and get probation and an education program along with fines.

Granted there's no blood test to prove you were under the influence marijuana, the state can try to prove their case using other evidence such as erratic driving, odor of marijuana, failed field sobriety tests, etc. You should talk to your lawyer regarding your options and if you don't have one, you should seriously consider obtaining one.

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If you are going to trial on this charge, to the other members, the charge was already proven and accepted by the prosecutor's office. Although I never heard of going to "trial" for being under the influence from smoking pot, you usually only have an appearance before the judge with your attorney in a room filled with other people charge with one thing or another. Depending if this is your first offense, your charge could be adjudicated and you could be given community service, ordered to pay all fees and court costs and could also have your license suspended for a short time. Usually there is only a "trial" when a felony drug offense was committed.

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rshackleford

Yes.

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Sure can

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