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Benefit from the Experience of Attorneys Bill and Valerie Sherman Former Assistant Attorney General, Assistant County Attorneys and Magistrate Judge

I Was Arrested for a DUI Drugs; What Will That Entail?

Question: I started my day at a football game, then I went to a couple of bars and clubs in Buckhead and on my way home I got pulled over and arrested for DUI drugs I didn’t take a test breath but the cops found in my car a copy of High Times magazine, some rolling papers, a pipe and a bong. Is that stuff going to hurt my case?

Answer: You said you did not take a breath test (usually the police utilize the Intoxilyzer 5000 here in Georgia), but did you take a blood test or a urine test If you did, of course, drugs can be detected, including marijuana, cocaine, and prescription drugs like Ambien and antidepressants.

High Times magazine is a publication about pot growing and cultivation and it has articles regarding the history of hemp and pieces on each state’s marijuana laws. It is nationally distributed, protected by the First Amendment and is perfectly legal everywhere in the USA, including Georgia.

Rolling papers certainly raise suspicions with police. Some popular rolling paper brands are Bambu, ZigZag, Tally-Ho, Juicy Jay’s, TOP, RAW and Rizla. Of course, many people use these products to roll their own tobacco cigarettes, which is legal.

As for the pipe, you did not say anything specifically about it. Was it a corn cob pipe? A one-hitter? Or was it a high-tech, flying-saucer-shaped anodized metal pipe? Or was it a regular tobacco pipe like a briar or meerschaum? Whatever type it was, the police or deputy sheriffs or state troopers can test it for marijuana matter.

Bongs are harder to explain. Generally speaking, under the Controlled Substances Act, it is illegal to sell, transport through the mail, transport across state lines, import, or export drug paraphernalia. A bong can certainly be used to smoke tobacco, but oftentimes the bowl is not cleaned properly and, for some people who smoke pot, contains cannabis residue in it.

There’s certainly a lot involved in a DUI drugs case. Feel free to call us directly at 678-215-4106 to discuss the matter in detail.

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