What can I do about a Drugs DUI if I was never given a blood test but failed the field sobriety test?

Without a test, it will be nearly impossible for the case to be prosecuted. We say ‘nearly’ because if the officer observed some poor driving, smelled marijuana, and you performed poorly on the the field sobriety tests, a case for “under the influence” could still be charged. However, it will be very difficult to prove without some evidence of alcohol or drugs in your system. It is important to note that a medical marijuana card does not give you the right to drive with marijuana in your system.