Driving under the influence of marijuana is a misdemeanor charge in most states as long as there is no other significant motor vehicle offense occurring at the same time. This would include an accident or injury of a person while the driver was under the influence of the drug. Typically arresting officers will require a blood test or urine to prove the presence of THC, but other factors such as the odor of the drug, physical indicators of the use of marijuana and roadside sobriety tests may contribute to the arrest and subsequent testing and charge.
Marijuana DUI Penalties
In most states, marijuana or drug DUI charges, regardless of the intoxicant, will result in the same types of penalties. Usually these types of DUIs are seen as identical to alcohol related DUIs and are treated with the same range of penalties.
- Mandatory drug and alcohol abuse classes and random drug testing
- Jail time
- Loss of driver's license
- Community service hours
Marijuana DUI Sentencing
As with any DUI charge the court is going to impose rather stiff sentences even for a first offense. If there are not related criminal charges on the individuals record and there are no other charges with the arrest, community service or probation may be seen as more appropriate, especially when combined with drug classes or counseling. An attorney can also help get charges reduced by knowing the proper testing procedures and entering evidence into court about the validity of different types of testing and time ranges for the presence of THC in the blood or urine.
Hiring An Attorney For Marijuana DUI Charges
It is essential to get an attorney involved in a marijuana DWI charge as soon as possible. Often the attorney, on a first offense, can work with the prosecutor to take a plea and prevent full jail time or significant charges. Without the professional experience of a criminal defense attorney it is highly unlikely that you would be successful in defending yourself in court in this very complex areas of the law.
- If you have been charged with a Marijuana DUI, Submit Your Case for a Free Review from a skilled Criminal Defense Attorney.