i was stopped at a licence checkpoin the cop smelled marjuana as i drove up to the roadblock the report says i swered to the right of roadwa...

Question

i was stopped at a licence checkpoin the cop smelled marjuana as i drove up to the roadblock the report says i swered to the right of roadway briefly then came to roadbblock when the officer aproache ask me to step out he asked if i had marjuana i stated i did not i did not answere more from that point the officer claime i had droopy eyes and i seemed disorientated i was then handcuffed and placed in police vehice while my vehicle was searched he came with a bag with o.o1 grams marjuana i was arrested for dui, possesion marjuana and paraphenilla my question is the dui arrest legal if i was clearly not impaired and if so is it grounds for dismissile on the drug charge resulted from the search on dui suspicion

Answer

If your attorney can convince the judge that there was absolutely no probable cause for the DUI arrest--which is difficult to do, but I have done it a time or two--then the arrest was illegal and any evidence found after the arrest, such as the marijuana and paraphernalia, was illegally seized and will be suppressed. However, if a cop "claims" he smelled marijuana--whether it is true or not does not matter because no attorney will be able to prove that he did not smell it--that gives him probable cause to search the car.