What if a person is caught with a very small amount of marijuana? Will he still be charged with a DWI?
Gary Churak's Answer
The amount of Marijuana does not matter, whether for the purposes of a DUI or for criminal prosecution, if it’s a small amount, 0 to 2 ounces it’s a class B misdemeanor, 2 to 4 ounces it’s a class A misdemeanor, over 4 ounces it’s a felony. So, you could realistically be charged with a possession of marijuana and a DWI at the same time. What they look for is has the marijuana impeded your ability to drive, and that’s what the officer is going to look for in field sobriety test and if a blood test is taken to see what the THC level is in your blood at the time that you were driving.