Question: I got arrested again for DUI in in DeKalb County.  My first arrest was 7 years ago in Decatur and I was very drunk.  This time I had not been drinking.  I was stopped and the DeKalb deputy sheriff noticed that I had some pot on the center console in a baggy.  It was just a little bit.  When he saw it I admitted to him that it was my marijuana and I also told him that I had some shrooms in the car too.

I was actually driving to a friend's house in Chamblee to make dinner.  I was going to prepare spaghetti sauce with the pot and shrooms in it.  But I hadn't smoked that day and I haven't done shrooms for months.

I'm worried about getting another DUI.  I took the field sobriety tests and I know I didn't look good but that's only because I have a bad back from the military.  I didn't walk straight and I almost fell down.  I did not take a blood test and on the breath test I blew a 0.00.

What do you think about the DUI charge?  What will happen?

Answer: The prosecution will try to make its case based upon the seized marijuana, the psilocybin mushrooms and that you did not perform well on the field sobriety tests.  You didn't state why the deputy sheriff pulled you over.  You might be able to legally challenge the stop.  If the officer did not have probable cause for the stop, then the pot and mushrooms could be suppressed.  Then the prosecution would likely not continue for lack of evidence.

If you go to jury trial, if the jury believes that you were not under the influence of drugs at the time of the stop, then you will be acquitted.  If a jury thinks you were under the influence of the pot and/or shrooms, then you will be convicted.

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