Beat a Marijuana DUI Charge: What You Need to Know
When it comes to marijuana use and driving, the law is not always crystal clear. In states where recreational marijuana is legal, it’s still possible to get a DUI for driving under the influence. To make matters worse, it’s proven to be incredibly difficult to “beat” the charge. Without a thorough understanding of the law, your best strategy, and a high-quality legal team on your side, a DUI can have long-reaching negative consequences.
If you find yourself facing such a charge, the important thing is not to panic. While the process may seem daunting, there are steps you can take to improve the outcome of your case and put yourself in the best possible situation. In this blog, we’ll cover the various regulations around marijuana DUIs and provide proven techniques for beating them. With a better understanding of your rights, you’ll understand exactly what to do if you are ever stopped for suspicion of driving under the influence of marijuana. Read on to learn more!
Quick Summary
It may be possible to challenge the legality of the initial stop or the subsequent search, both of which may be necessary for a valid conviction. Additionally, it may be possible to raise procedural arguments or question the accuracy of the breathalyzer results.
What Constitutes a Marijuana DUI Charge?
Marijuana DUI charges have become increasingly common across the United States. It is important to understand what constitutes a marijuana DUI charge in order to prepare and know how to beat it.
A basic explanation presented by most states is that a driver has been charged with a marijuana DUI when there is evidence of impairment caused by marijuana or cannabis present in their system while operating a motor vehicle. However, this varies from state to state and can sometimes be used as an alternative charge if DUI of other drugs is impossible to prove.
There are two sides to the argument when it comes to establishing drug impairment through testing. On one hand, police officers can use field sobriety tests such as the walk and turn, standing on one leg and eye-tracking. These give law enforcement a good indication about whether the driver is impaired by any substances. While these tests may be subjective, they are still the standard for determining driver impairment in many cases.
On the other side of the argument, scientific testing such as urine or blood tests can provide more accurate evidence that marijuana or cannabis was involved in causing impairment while driving. Unfortunately, marijuana breaks down quickly in the body and doesn’t always show up in blood tests taken too long after ingestion. Also, due to federal regulations, samples must be sent offsite for specialized testing and results often take weeks or months before they are provided back to law enforcement or criminal courts.
Understanding what can qualified as evidence in marijuana-impaired driving cases can help individuals best prepare their defense if they happen to face this type of criminal charge. To further understand the types of evidence used in a marijuana DUI case, let’s move on to discuss “Types of Evidence in a Marijuana DUI”.
Essential Highlights
Marijuana DUI charges are becoming more common across the US and can involve evidence of impairment caused by marijuana or cannabis present in someone’s system while operating a motor vehicle. Field sobriety tests such as the walk and turn and eye-tracking are used to determine driver impairment, but more accurate scientific testing such as urine or blood tests need to be sent offsite for specialized testing which may take weeks or months before results are provided. Understanding types of evidence can help individuals prepare their defense if charged with a marijuana DUI..
Types of Evidence in a Marijuana DUI
When facing a Marijuana DUI charge, it is important to understand the types of evidence commonly used to determine if a driver is impaired by marijuana. Generally, such cases rely on biological evidence derived from urine, blood and saliva samples or other indicia of marijuana in the body, as well as behavioral evidence based on an officer’s observations.
Biological evidence is typically rooted in a driver having THC present in their system, which indicates that marijuana has recently been consumed. This type of evidence typically comes from chemical tests like blood tests, urine tests and hair follicle tests. Depending upon the state’s legal standard for impairment (generally 5 nanograms per milliliter or higher), this type of evidence can be used to demonstrate that the driver was impaired by marijuana.
On the other hand, there is debate over whether the amount of THC necessary to cause impairment is accurately measured using such qualitative testing methods. Critics argue that the test measures established by many states establishes thresholds that are artificially high and catch some drivers who are not actually impaired but merely have THC in their system after recent use.
Behavioral evidence used in a Marijuana DUI often comes from police officers’ observations of the driver’s behavior after they have pulled them over. This includes field sobriety tests to assess balance and coordination, as well as measures like drug recognition reports conducted by a trained Drug Recognition Evaluator (DRE). The data collected from these observations are generally subjective and depend upon how experienced an individual officer is in determining impairment from marijuana intoxication versus other substances.
Given these two competing types of evidence, it can be difficult for defense attorney to successfully challenge impairment charges for driving under the influence of narcotics. While both biological and behavioral evidence can play a role in establishing impairment, the effectiveness and accuracy of these forms of evidences remain debatable in many courts.
As such, it is important to examine closely all available types of evidence when facing a Marijuana DUI charge and take whatever measures are necessary to ensure fair process rights have been respected on both sides. Moving forward with this understanding let us now turn our attention to “Field Sobriety Tests,” which are also commonly employed in such cases as part of evaluating a person’s suspected level of impairment.
Field Sobriety Tests
When determining whether or not a driver is impaired due to marijuana, an officer may use field sobriety tests (FSTs). These tests are designed to test the individual’s physical reflexes and mental acuity, with the assumption being that if they are struggling with either of these, they are inebriated. FSTs usually consist of three different types of tests: horizontal gaze nystagmus (HGN) test, walk-and-turn test, and the one-leg-stand test.
One argument in favor of using FSTs is that they give police officers an instant indication of whether or not a driver is credible. If an FST reveals that the driver has impaired responses or appears to be stoned, then it makes sense for the police to have further testing done. On the other hand, if the driver passes the tests then an officer may choose to let them off without any further action – although this often isn’t the case since officers are encouraged to use their discretion. Furthermore, in some cases where an individual passes but the officer still suspects intoxication, more sophisticated tests can be used such as a blood draw or urine sample.
The biggest argument against using FSTs is that they can be subjective and open to interpretation. For example, if a person has bad balance or poor coordination due to a medical condition, this may affect their performance on the tests even if they are sober. Additionally, there have been studies that question how well FSTs actually detect intoxication in general; research has found that these tests are only 65% accurate at detecting cannabis impairment while other drug tests (such as blood and urine samples) can reach 90% accuracy rate or higher according to experts.
Overall, while many police officers find FSTs helpful in assessing whether someone is under the influence of marijuana or not, it’s important for people to understand their rights and limitations when it comes to taking a field sobriety test. Further testing is always recommended in cases where suspicion remains high regardless of passing scores on FSTs. With that said, it’s time to turn our attention to chemical tests – one of the primary methods for detecting marijuana impairment in drivers today.
- According to a study by the Journal of Studies on Alcohol and Drugs, approximately 75% of all marijuana DUI charges prosecuted in the U.S. from 2001 to 2010 led to convictions.
- A 2019 study published in the journal Psychopharmacology found that higher doses of cannabis were associated with an increased risk for being involved in motor vehicle accidents.
- According to a 2018 survey by the National Highway Traffic Safety Administration, 25% of drivers tested positive for THC, the active ingredient in marijuana, during roadside sobriety tests.
How to Find a Lawyer Experienced in Beat DUI Charges
Finding a lawyer experienced in beating drug DUIs can seem like a daunting task, but it is important to make sure that your lawyer has the necessary knowledge and experience to defend you successfully. To find the right lawyer for your needs, here are a few tips:
First, ask for referrals from family, friends, and colleagues who may have had similar legal problems. Speak with each of the individuals you were referred to and get a feel for how they handle cases. Ask about their success rate, research any publicly available review sites, and read up on their backgrounds to determine if they are suitable for handling your specific case.
Secondly, consider searching online directories specific to the practice area or geographic area you need. Many directories provide an overview of listed lawyers’ specialties and backgrounds. You can also read customer reviews and search state bar associations to verify that attorneys have valid license information and disciplinary track records.
Thirdly, contact local legal aid organizations as they may be able to provide free or reduced-cost representation. Additionally, many state bar associations offer referral services so you can find an attorney with experience in this particular field of law.
Finally, arrange an initial consultation before deciding on whether or not you want the lawyer to represent you. This consultation should give you the opportunity to discuss your case in detail and develop a clear understanding of how the Fort Worth defense attorney plans to handle it.
No matter which strategy you use to find a lawyer experienced in beating marijuana DUI charges, it is important to remember that communication is key throughout the process. Once an attorney is retained, make sure he or she understands your situation so that together you can develop a defense strategy best suited for your case. With the right lawyer by your side, you stand a better chance at beating even the most difficult DUI charge.
With this foundation of knowledge surrounding finding an experienced lawyer in hand, understanding DUI defense strategies and tactics will help form the rest of the puzzle pieces needed in order to beat a marijuana DUI charge.
Understanding DUI Defense Strategies and Tactics
DUI defense strategies and tactics involve legal developments like challenging the Breathalyzer test results as well as technical arguments regarding how law enforcement handled the investigation and subsequent arrest. In essence, attorneys look for ways to prove that law enforcement did not properly follow their own procedures or failed to accurately record information when conducting a sobriety checkpoint or after pulling someone over.
Breathalyzer tests are often used to determine if an individual has been driving while impaired by marijuana. However, DUI defense attorneys can challenge the accuracy of these tests, citing the fact that the devices may give false positives due to temperature variations, improper calibration, radio interference, and other factors. Additionally, there may be issues with the equipment itself or questions about whether the law enforcement officer followed proper protocol for administering and recording the results.
Legal arguments can also be made about how an individual was stopped or arrested in order to challenge the legality of any evidence collected by law enforcement. Additionally, lawyers can argue that roadside sobriety tests were administered incorrectly or that officers failed to read a person their Miranda rights while they were in custody. All of these potential issues can create doubt which can result in a reduction in charges or dismissal of a case.
While these strategies and tactics can be beneficial to someone facing a marijuana DUI charge, it is important to note that each case is unique and requires experienced legal counsel who is familiar with DUI laws on both federal and state levels. An experienced attorney will ensure that all legal requirements are met and will use reliable defense techniques to argue for reduced charges where applicable.
By understanding DUI defense strategies and tactics, individuals charged with marijuana DUI have the opportunity to build a strong case against conviction. The next section will discuss the consequences of a marijuana DUI conviction; understanding these implications can provide useful insight into determining how best to handle one’s specific case.
Consequences of a Marijuana DUI Conviction
A marijuana DUI conviction can render serious legal, social, and financial ramifications. A first-time offender will likely face a variety of punishments including fines, probation, license suspension or revocation, community service, and possible jail time. Each case is ultimately decided according to the discretion of the judge; however, here are some of the most common penalties for a marijuana DUI conviction:
Fines. A marijuana DUI comes with hefty fines. Depending on the state and city, marijuana DUI fines can range from several hundred dollars to thousands of dollars. In addition to the initial fine, there may be other applicable costs such as court fees or lawyer fees.
Probation. Probation is a sentence imposed by the court that requires individuals to follow certain rules within specified timeframes. Although probation looks different depending on each individual case, it primarily involves monitoring by law enforcement, regular drug testing, court-ordered meetings or classes related to substance abuse, limited travel outside the jurisdiction where your offense occurred, restricted contact with people of bad character if applicable, attendance in counseling sessions or courses aimed at rehabilitating the offender in some way.
License Suspension/Revocation. Driving under the influence of drugs is dangerous and illegal for obvious reasons. As such, a marijuana DUI conviction often results in some type of license revocation or suspension. This means that your license will no longer be valid and you will not be able to drive until the terms of your conviction are satisfied or until an appeals process is completed successfully (if applicable). The length of suspension or revocation depends on multiple factors including past convictions and severity of your offense.
Community Service. Community service is often part of a marijuana DUI conviction sentence and typically involves performing physical labor for a government agency or nonprofit organization for an allotted amount of hours. During community service hours, offenders are required to remain sober in order to complete their work assigned by the organization they are serving under in order to meet probation requirements/conditions outlined by their sentencing arrangement.
Jail Time/Incarceration. Generally speaking, jail time should be expected if convicted with a marijuana DUI charge because it sends a message that driving while impaired is unacceptable behavior and will not be tolerated by law enforcement officers and governmental organizations responsible for upholding public safety standards/laws within our communities. Lengths of incarceration vary greatly depending on prior convictions and felony charges associated with this particular offense—misdemeanors resulting from non-aggravated circumstances may result in less severe sentences ranging from days spent in prison all the way up to months or even years spent behind bars depending on the discretion of the judge’s ruling power upon delivery of judgment based on both parties presented during court proceedings.
Those facing potential consequences from receiving a marijuana DUI charge should consult immediately with an experienced drunk driving defense attorney who understands all aspects involved in fighting such charges and building a solid defense as soon as possible after arrest regarding one’s best chances at avoiding longterm repercussions whether they involve harsh punishment or even small infractions related solely toward monetary restitution payments in lieu thereof which could result due to unjustified mandatory procedural guidelines set forth by certain jurisdictions that require fines regardless whether innocent or guilty regardless overall expected outcome.– Regardless what one’s particular situation might entail it’s always important to evaluate options carefully before making any irreversible choices regarding legal action towards resolution within this matter because sometimes simply opting to settle out of court without going through traditional trial procedures may prove extremely beneficial yet considering risks associated herein must also be taken into account since although outcomes dependent upon this avenue might involve leaving behind fewer permanent marks than contentious courtroom battles nevertheless could end up costing more than many realize regarding end result findings/conclusions ultimately determined possibly resulting from mistakes made along way therefore thorough research needs done beforehand when deciding appropriate action plan frequently updated accordingly as events unfold throughout decision making process itself thus enabling one access towards crucial advantages provided potentially needed later down road during actual litigation if necessary due potential element uncertainty correlated therein.– Some states may impose harsher punishments than others; however either way such convictions leave lasting effects upon an individual’s reputation beyond just fines applied due criminal record now attached shall forever remain viewable upon background checks vital credible employment applications so recognizing importance seeking competent legal counsel thereby highly recommended even before any issues arise that require immediate solution because ignorance suggestion prescription still holds true concerning every aspect life especially legal matters when stakes already high enough failure recognize same surely lead further disaster due inability understand otherwise clear rules regulations anything