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DAVID CLARK
Criminal Defense Attorney

Philadelphia Marijuana DUID Lawyer

Despite the recent legal trend in some areas such as Colorado and Washington to legalize marijuana, in Pennsylvannia you can still face charges especially if you are found to be driving while under the influence. Below, a Philadelphia DUI drug attorney discusses DUID charges involving marijuana and how it could change in the future. To learn more call today.

How Are Marijuana Related DUI Cases Treated?

Marijuana related drug cases are treated the exact same way than any other driving under the influence case are treated in the city and county of Philadelphia as well as the Commonwealth of Pennsylvania as a whole. Even though marijuana may seem to be legalized by certain municipalities, it is still a crime to drive under the influence of it.  However, even smoking marijuana or having marijuana in one’s system and then driving a motor vehicle is per se evidence that a person is incapable of operating a motor vehicle safely on the roads of Pennsylvania and that same person will be charged with driving under the influence.

Marijuana is treated just like crack cocaine, just like cocaine, just like heroin and just like alcohol. In no way is it treated any easier when it comes to driving under the influence. If you are going to drive a car in Philadelphia and you have any amount of controlled substance including marijuana in your system and police are able to determine that, you will be charged with driving under the influence. That’s why it’s important to seek out the assistance of an experienced Philadelphia DUI narcotics attorney.

Only then can the attorney advise you of all the proper avenues your case can be sentenced or advise you of all the proper defenses that can be made so that a person’s livelihood and/or reputation will not be harmed or the conviction for driving under the influence.

Do You Foresee Any Changes in Philadelphia Considering the Recent Trend of Marijuana Legalization?

While in Philadelphia there is a trend to legalize marijuana, marijuana when it comes to driving under the influence has not changed. In fact in many cases, it’s becoming much more common a prosecution because many more people are under the influences of marijuana. For instance while alcohol itself is legal, it is illegal to drive while under the influence of alcohol to the extent that person’s incapable of operating a motor vehicle safely on the streets of Philadelphia. Alcohol is determined at a 0.08 level. Anything above that level is a driving under the influence of prosecution which can lead to a conviction.

In the case of marijuana, things are much more difficult for an individual because any amount of marijuana in a person’s system can render them by law incapable of operating a motor vehicle safely in Philadelphia. And because marijuana stays in a person’s system, often up to 28 days, a person may have smoked it and/or ingested marijuana a week or two ago but still has remnants in their system and those remnants in and of themselves can lead to a conviction against them for driving under the influence of marijuana.

However, seeking the services of an experienced DUI narcotics attorney in Philadelphia is the only manner in which protecting a person’s rights and fighting through expert testimony whether marijuana was in fact in a person’s system at the time of driving.