What if a person is not on drugs and simply has drugs in his car; will he be charged with a DUI or possession?
Gary Churak's Answer
In order to be charged with driving while intoxicated; the drugs have to be in your system. If they’re in your vehicle and you get pulled over, you could be charged with possession but then, you know, it’s a defense that the drugs do not belong to you and they may belong to a friend who had a prescription form. So, at this point, you know, if you’re looking at a possession charge, it’s a good idea to go hire yourself a drug lawyer and start getting the evidence together that shows that it was not your drugs but someone else’s who had a valid prescription form.