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What happens to passengers during dui traffic stops?

Discussion in 'Marijuana Consumption Q&A' started by Bannanamannn, Oct 13, 2017.

  1. If me and my buddy are toking in his car and we get pulled over, and were both baked but theres No weed in the car, what happens to the passanger? Will i also get in trouble if its his car and hes driving, because last i checked you cant get in trouble for just being high, as long as you dont have any weed on you.

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  2. No the passenger won't be charged, it's not illegal to be high.
     
  3. It depends on your location, if you admit to being high, age, and jurisdiction

    "In criminal law internal possession is a criminal charge of possession of alcohol or drugs, based upon tests showing alcohol or drug use. For example, an underage person who fails a sobriety test may be charged with internal possession of alcohol by a minor. Laws vary by state, so local laws should be consulted."

    Internal Possession Law and Legal Definition | USLegal, Inc.

    " In South Dakota, it can be a crime to smoke pot in another state."

    Craziest Marijuana Law in the USA: 'Internal Possession' Means You Can Be Busted for Having Smoked Pot in Another State
     
  4. I know this is not the purpose of this thread, but just a word of advice, stop smoking in a car while driving around and tell your friend to do the same. I Literally every one of my friends that has been busted in the past is because they either had just smoked in their car or were smoking in their car, find a nice spot outside to smoke so the car doesn't reak.
     
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  5. Well long story short you can still get a dwi or a dui while high if everything adds up on paper. As for passenger if you dont have anything on you at all you will probably be free to just walk after a quick breathalyzer test.
     
  6. Breathalyzer? For weed ? Appreciate the responses from everyone!

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  7. Well i guess you have never encountered too many cops. But. If a cop can smell it odds are they wanna locate it and take it unless its legal for you. If a cop determines you are intoxicated he can field test you and obviously breathalyze. If both come back negative the cop can still rule too impaired by what they see and bring you in for a drug screen. Now id imagine only the king of dicks would do that so they would want to obviously see if the passanger is safe enough to drive in hopes to take the too impaired one home. If they rule you(passanger) unsafe and both of you are unable to find a ride at this point you would be at least taken to jail just to sober up and be released. In my state, nothing flies unless you catch a wild break. So im just laying out how it would most likely go in my state, in a nice way.
     
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  8. Not a breathalyzer for weed, but if they believe you are stoned they will run field sobriety tests, if they think you are impaired they can arrest you and draw your blood at the station, so even if you just smoked earlier that day, if you smoke often you can still have over the legal limit in your blood well after you smoked and be charged with a DUI, which is why it is important to not smoke in your car/have it smell like weed
     
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  9. They are working on breathalyzers for weed. They are also testing an quick result saliva test that is a more accurate and reliable technology that already exist. It can be used during the stop within a reasonable amount of time and provide officers more evidence to support an arrest or detainment.
    Colorado State Patrol troopers testing marijuana DUI devices
     
  10. In (CA) general, remain silent and never consent to field sobriety tests or breathalyzer. If arrested, only consent to blood test, which will usually give you more time unless you are at a checkpoint with a mobile lab set up.
     

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