- December 8, 2023
- Posted by: legaleseblogger
- Category: Related News
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****** just grabbed a
In most states, including IA, there is no “tolerance” amount for driving under the influence as a minor. ANY amount of alcohol or illicit drugs is enough to trigger an OWI. She needs an attorney.
[https://www.mccarthyhamrock.com/criminal-defense/owi-dui-drunk-driving/owi-under-21/](https://www.mccarthyhamrock.com/criminal-defense/owi-dui-drunk-driving/owi-under-21/)
2 separate offenses. One was criminal. The other was with the Department of Motor Vec.
IÔÇÖm sure your state is like most if you are found guilty or plead guility as part of a plea deal you still have to complete what the DMV requires like loose license for a year, take education classes , attend MAD seminar and pay to get it back. 2 seperate punishments for pleading guilty
Get a lawyer advice is wild. $200 and 6 months with no driving is going to cost her what? Compare that to how much a lawyer costs. She didn’t get locked up, didn’t get put on probation. Sucks for what it is but it could’ve been worse
Sorry OP. This stinks. Hate it cuz it costs $$ but time to get her a decent lawyer.
I think you are putting too much emphasis on the lack of alcohol in her system. The officers found she was impaired by a controlled substance (MJ), the lack of alcohol in her system is not relevant.
Do you think the DMV should tolerate minors driving with cannabis in their systems? The police handled the criminal charge; DMV has its own legitimate interests in discouraging people from driving impaired.
She was driving under the influence.
Dui/oui/dwi for minors is generally a zero tolerance offense and can be alcohol, drugs or both. Looks lime this was a civil fine, not a criminal one.
In PA, it would have cost you around 10k as she would have been charged with 3802 D Dui – drugs, a misdemeanor offense
its still DUI driving under the influence.
Correction she turned 18 in Sept this yr
There’s a difference between DWI, driving while intoxicated, and DUI, driving under the influence.
DWI is for alcohol.
DUI can also be for alcohol, but is also for drugs.
The info in the links in the other comments is all correct and useful but there’s an important fact missing that you can find on [https://scheetzlaw.com/marijuana-dui-in-iowa/](https://scheetzlaw.com/marijuana-dui-in-iowa/) – and if you use cannabis you must be aware of this because most states look at metabolites and not THC levels when assessing for DUI:
**How Can Prosecutors Prove I Had Marijuana in My Blood or Urine?**
The active chemical in marijuana ÔÇö the chemical that causes a smoker to get high ÔÇö is THC. In most cases, THC is no longer present in the brain, and no longer capable of having an impact on driving, within a few hours after smoking ceases.
After THC is consumed, it rapidly breaks down and changes into molecules known as metabolites. While metabolites have no impact on the brain, it is much easier to test for metabolites of THC than actual THC. For that reason, testing is usually designed to detect metabolites of THC.
*Metabolites of THC are eliminated over time, but they are temporarily stored in the bodyÔÇÖs fat. Regular marijuana smokers might have metabolites in their system for days, weeks, or even months after they last smoked. …*
*The Iowa Supreme Court has nevertheless concluded that Iowa law prohibits driving with harmless metabolites THC in the driverÔÇÖs system. That means a driver can be prosecuted for marijuana DUI long after the THC that might impair driving has left the driverÔÇÖs system.*
Call a lawyer asap. She needs to respond and get in front of a judge.
You sure the letter & demand is legit?
If so, get a lawyer. Something smells off here.
It sounds like you need to lodge a countersuit
OP. IÔÇÖm a mom too. You donÔÇÖt actually know if your daughter used that day or not. Maybe she used at 11:57 pm the night before. I went through a hair raising time when my kid went to college. Once a cop threatened to jail her for drunk and disorderly. She escaped this because sheÔÇÖs white and her boyfriend who promised to take her home was also white.
Your daughter probably was profiled. ItÔÇÖs the burden that people of color face. IÔÇÖm sorry this happened but itÔÇÖs unfortunately real.
Get her a lawyer, she deserves a defense. But also have *the talk* again. Please. ItÔÇÖs not fair but itÔÇÖs real.
Take care and best wishes to you both.
It is likely too late for you. There was likely a hearing you didnÔÇÖt know about separate from the Criminal case. Lawyer up asap. When I got my dui. I lawyered up immediately and learned about the two different hearings I would be attending. One was for the dmv. The cop showed up and my old dude went full matlock. It was cool and kept me from losing my lic at all. The second was a criminal hearing that I got a great deal and paid a ton of cash for but again, no lic issues at all.
Why would she get sr22 for simple possession? U said she passed the tests.
No different than going to jail and losing your license.
DonÔÇÖt live in Iowa
Vote, change laws