Delaware County Marijuana DUI Lawyer

Delaware County marijuana laws, under 75 Section 3802(d), prohibit anyone from driving under the influence of a controlled substance, and that includes marijuana in their bloodstream. Depending on the marijuana DUI investigation, the individual could be charged with one or multiple subsections of a DUI. By the time the case goes to trial in sentencing, these charges will usually merge into one DUI charge for the purpose of punishment.

Marijuana DUIs carry significant penalties and can seriously impact one’s professional and personal life. If you have been charged with driving under the influence of marijuana, you should reach out to an experienced DUI drug attorney right away. A Delaware County marijuana DUI lawyer will be familiar with the different issues that arise in marijuana DUI cases as opposed to an alcohol-related case.

How Has the Decriminalization of Marijuana Impacted DUI Charges?

Decriminalization of marijuana in Pennsylvania has led to an increased availability of marijuana, and people are under the misimpression that having marijuana in their system, not from smoking recently, will not make them able to be charged with a DUI under marijuana.

Even if they have smoked up to a day before, they might still leave enough marijuana in their system to be arrested and even convicted for a marijuana DUI charge. In addition, during the conversation with an officer, if they mention marijuana or are found to possess marijuana, that might lead the officer to begin a marijuana DUI investigation when they might not have otherwise chosen to do so.

Using Medical Marijuana

Medical marijuana is legal in some areas of Pennsylvania. However, driving under the influence of medical marijuana still makes a person a target for a DUI arrest and prosecution.

If someone is being charged with DUI by marijuana but they have a medical marijuana card, they should present it to the defense attorney and bring it to the prosecutor’s attention that this was not a reckless and dangerous use of drugs and driving. Instead, they are medically saying they should not have a reason to have marijuana in their system.

That said, much like prescription drug DUIs, someone can still be charged and even convicted of a DUI if they have a controlled substance in their bloodstream while operating a motor vehicle.

Differences Between Marijuana DUI Cases and Alcohol-Related Cases

Marijuana DUI cases are treated differently than alcohol-related cases in the investigation phase because the officers are looking for different signs of intoxication. They are also treated differently regarding the prosecution because prosecution of this involves issues of marijuana, perhaps marijuana substance abuse issues, and also access to controlled substances that can lead to additional charges.

Also, there is the different metabolism rates between marijuana and alcohol, which lead to different issues in the case. When an officer suspects a driver is under the influence of alcohol, they may administer a breath test to determine the driver’s blood alcohol content. However, in marijuana DUI cases, being under the influence of marijuana will not show up on a breath test. Instead, a blood test must be used to determine whether the person had marijuana in their system or not. For more information, consult with a marijuana DUI lawyer in Delaware County.

Evidence in Marijuana DUI Cases

In marijuana DUI cases, the substance itself is still illegal even if it is decriminalized. It is still illegal, and that can lead to its own charges, like the possession of marijuana. For example, when someone has marijuana in their car or paraphernalia for smoking marijuana such as pipes, et cetera.

In marijuana DUI cases, there will be different types of evidence collected and various observations the officers are looking for. They still may receive the same sobriety test. However, some tests such as the breathalyzer will not be useful.

As of now, there is no roadside marijuana detection test, so a motorist will be asked to give their blood as the only available test for whether someone has marijuana in their system or not.

Call a Delaware County Marijuana DUI Attorney

Marijuana DUI cases carry significant penalties. Therefore, if you are facing charges, you should obtain a skilled Delaware County marijuana DUI lawyer. An accomplished attorney could help you build a strong defense and possibly reach a favorable outcome to your case. Call today and get started.