Understanding the Law and How a Private Attorney Can Protect Your Rights
Being arrested for driving under the influence of marijuana is a serious matter that carries penalties similar to alcohol-related DUIs. Many people mistakenly believe that DUI charges only apply to alcohol consumption, but that is far from the truth. If an officer believes that a driver is impaired due to marijuana, they can make an arrest—even without a breathalyzer test or a measurable blood alcohol level.
Understanding how marijuana DUI laws work, the potential defenses, and why an experienced attorney is critical can make all the difference in fighting these charges.
Can You Get a DUI for Marijuana?
Yes. Driving under the influence of marijuana is illegal. Even though marijuana affects the body differently than alcohol, any substance that impairs a driver’s ability to operate a motor vehicle safely can lead to a https://www.muscalaw.com/criminal-defense/dui
https://www.muscalaw.com/criminal-defense/dui.
Marijuana DUIs depend on subjective observations from law enforcement. Officers typically use:
- Field sobriety tests (walking in a straight line, standing on one leg)
- Physical signs of impairment (red eyes, slow reaction times, poor coordination)
- Statements made to law enforcement
- The presence of marijuana or paraphernalia in the vehicle
If law enforcement believes a driver is impaired, they may request a blood or urine test to detect marijuana in the system. However, marijuana remains in the body long after its effects wear off, making these tests unreliable in proving actual impairment at the time of driving.
A DUI defense attorney is essential in these cases because the evidence used to support marijuana DUI charges is often flawed. An attorney can challenge the validity of field sobriety tests, the accuracy of chemical tests, and whether law enforcement had probable cause for the traffic stop.
How Do Police Determine Marijuana Impairment?
Unlike alcohol, where there is a legal limit of 0.08% BAC, currently there is no national legal limit for marijuana impairment. This means law enforcement make marijuana arrests based on:
- Erratic driving behavior (weaving, speeding, sudden stops)
- Physical signs (glassy eyes, slurred speech, slow reflexes)
- Field sobriety tests (coordination and balance tests)
Because these methods are largely subjective, wrongful arrests happen frequently. Blood and urine tests are often used, but they can detect marijuana days or even weeks after consumption—long after the effects have worn off. This means that a person can test positive for marijuana even if they are not impaired while driving.
Our DUI attorneys will challenge this flawed system by questioning whether the arrest was based on actual impairment or simply the presence of marijuana in the body.
Penalties for a Marijuana DUI
A marijuana DUI conviction carries severe penalties, including:
- License suspension
- Fines
- Court costs
- Mandatory drug education or treatment programs
- Community service
- Jail time
Repeat offenses or cases involving accidents, injuries, or minors in the vehicle will result in harsher penalties.
A DUI conviction can also have lasting consequences beyond legal penalties, including:
- Increased insurance rates
- Job loss or employment difficulties
- Difficulty obtaining professional licenses
Fighting a marijuana DUI requires a strong legal defense. Prosecutors rely heavily on subjective officer testimony and flawed chemical tests, which can be challenged with the right defense strategy.
How Can a Private Attorney Fight a Marijuana DUI?
Fighting a marijuana DUI charge is different from fighting an alcohol-related DUI because chemical tests are unreliable, and officer observations are often subjective. A private attorney plays a crucial role in building a strong defense.
1. Challenging the Traffic Stop
Police must have a valid reason to stop a driver. If the stop was based on a hunch or weak evidence, an attorney can argue that all evidence obtained after the stop should be thrown out.
2. Questioning Field Sobriety Tests
Field sobriety tests are not reliable indicators of marijuana impairment. An attorney can argue that poor balance, medical conditions, or nerves—not marijuana—caused poor test performance.
3. Disputing Chemical Test Results
Blood and urine tests do not measure current impairment, only past marijuana use. A defense attorney can challenge whether the test results are relevant in proving the driver was actually impaired at the time of the arrest.
4. Exposing Police Misconduct
If law enforcement violated your constitutional rights, such as conducting an unlawful search, our DUI defense attorneys can move to have the case dismissed.
Without a private DUI defense attorney, drivers face the risk of wrongful conviction, heavy fines, and long-term consequences. A strong DUI defense can lead to reduced penalties, dropped charges, or case dismissal.
Why You Should Fight a Marijuana DUI Charge
Many people assume that a DUI charge means an automatic conviction. That is not true. Marijuana DUI cases are often weaker than alcohol-related DUI cases because the evidence is far more subjective.
Fighting a marijuana DUI can result in:
- Reduced charges (plea deals for lesser offenses)
- Dismissal (if the prosecution lacks strong evidence)
- Avoiding a criminal record
A private DUI attorney understands the flaws in marijuana DUI cases and knows how to challenge weak evidence. Hiring an attorney is the best way to protect your rights, reputation, and future.
Marijuana DUI Defense FAQs
What is the difference between an alcohol DUI and a marijuana DUI?
The biggest difference is how impairment is measured. Alcohol DUIs are based on blood alcohol content (BAC), while marijuana DUIs rely on officer observations and chemical tests that do not measure current impairment.
Can I be arrested for marijuana DUI if I have a medical marijuana card?
Yes. A medical marijuana card does not exempt drivers from DUI laws. If police believe a driver is impaired, they can still make an arrest.
How long does marijuana stay in my system for a DUI case?
Marijuana can stay in blood and urine for days or weeks, depending on how often it is used. However, just because THC is present does not mean a driver was impaired at the time of the arrest.
Can I refuse a urine or blood test for marijuana?
Refusing a chemical test can result in an automatic license suspension and be used as evidence in court. However, test results can also be challenged for accuracy and reliability.
What happens if I am convicted of a marijuana DUI?
A conviction can result in license suspension, fines, court-ordered programs, and possible jail time. It can also impact employment, insurance rates, and professional licensing.
How can a lawyer help me fight a marijuana DUI charge?
A private attorney can challenge the traffic stop, field sobriety tests, and chemical test results, giving you the best chance of avoiding conviction or severe penalties.
Can I go to jail for a first-time marijuana DUI?
Jail time is possible but not guaranteed. A strong defense can help reduce penalties or get charges dismissed.
Contact Musca Law 24/7/365 at 1-888-484-5057 For Your FREE Consultation
Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1-888-484-5057 for your FREE consultation.