but it doesn't matter whether you smoked while driving or not with the way most of these laws are written. as the cop said, if you smoked within the last 28 days...and that's how the courts see it because that's how the law is written. we must fight it every chance we get. i got the same thing a year ago and still fighting it as the court seems to realize what they're up against and keeps rescheduling the date...next one is set for 4/12 but they'll most likely end things there as the nurse used to draw blood is nowhere to be found and other drugs were found in the testing process that i never do or have done (valium and barbituates of all things!) yet morphine, which i take daily was not found...so go figure. so something's fucked up in their lab and/or testing process so you really need to get a lawyer specializing in dui. they are usually cheaper than most and well worth every penny. and you'll need one to get your blood retested by a private lab and for researching the lab and its employees...access to personal and corporate info the general public doesn't have. the not being read the rights thing may sound good on tv but real life is different. get a lawyer...