Doing a WIP and as usual, immersing myself in research as I go. But I've hit a slight stumbling block: I have a character who has been arrested for drugs before but either plea dealed to get his "friends" arrested and so went free or only had misdemeanor charges. He's probably only been charged with a felony as far as drugs once and he did time for that. He's been going to college when sober (been in rehab three times), holding a job, etc.
So, here's my thing: my research brought up drug courts. When he's found this time, it's another OD...so he's in ICU. My question is: can he still be arrested? He had drugs/alcohol in his blood stream and had LSD tabs, cocaine, and weed on him when he arrived in the ER. Or, can he go to drug court since he's a repeat offender? Will they send him to in-house rehab? What do I need to know here?