BUCKHANNON – A Lewis County man was arrested for allegedly driving under the influence of Delta 8.

Khaled Abuhashem, 24, of Weston, was arrested for DUI third offense, a felony, and driving while license revoked for DUI, a misdemeanor.

According to the criminal complaint in the Upshur County Magistrate Clerk’s Office filed by Trooper Z.M. Lewis with the Buckhannon detachment of the West Virginia State Police, on Friday, Oct. 14, at 10:24 p.m., while on road patrol, Lewis observed a sedan traveling westbound on Route 33 without operational rear brake light. Lewis pulled behind the sedan, identifying it as a gray-colored Volkswagen Beetle.

The vehicle did not have a valid license plate attached to the rear of the vehicle, the file says.

The trooper activated the emergency lights in his police cruiser to initiate a traffic stop on the vehicle. After initiating the traffic stop, the above-mentioned vehicle pulled to the right side of Route 33 in an attempt to along the shoulder; however, the vehicle stopped partially in the roadway. Lewis instructed the driver to pull out of the roadway completely.

Upon approaching the passenger side of the window, Lewis observed two males inside the vehicle. When speaking to the driver, later identified as Abuhashem, Lewis noticed he allegedly had “glassy eyes, droopy eyelids, and slow, slurred speech,” the file states. Lewis asked for Abuhashem for his driver’s license, and he supplied Lewis with an identification card.

Lewis asked the driver to step out of the vehicle for further investigation for a possible DUI charge. As Abuhashem exited the vehicle, Lewis asked him if he had consumed any alcohol or drugs. Abuhashem allegedly told police that he “took a couple puffs of Delta 8” before driving, according to the complaint. Delta 8, a psychoactive cannabinoid, is an impairing substance.

Lewis contacted the WVSP Elkins Communication Center to obtain the status of Abuhashem’s driver’s license.

The Elkins Communication Center told Lewis Abuhashem’s driver’s license was allegedly revoked for driving under the influence The Comm Center informed Lewis that the driver also had two prior convictions for DUI with dates of 08/30/2017 and 05/03/2018, the file says. Lewis conducted standardized field sobriety tests on Abuhashem and completed a DMV 314 form recording the results. After the tests, observations and admissions from Abuhashem, Lewis placed the driver under arrest for third-offense driving under the influence and driving while license revoked for DUI.

Upshur County Magistrate Alan Suder set bail at $18,000 cash or surety.

The penalty for a conviction of DUI third offense is confinement in a state correctional facility for not less than two years but not more than five years. Additionally, the penalty for a conviction of driving with license revoked for DUI is confinement in jail for a period of not less than 30 days nor more than six months and a fine ranging between $100 and $500.