A Marijuana DUI is very similar to the charge of driving under the influence of alcohol.
Officers can arrest you if you drive a motor vehicle while your mental abilities are impaired by marijuana, to the extent that you are unable to drive with the caution of a sober person using ordinary care.
Even if you have been arrested for a Marijuana DUI, it does not mean that you are guilty and must live with the consequences.
There are several factors which could lead to a not guilty verdict at trial, a dismissal of your case, or reduced charges.
There are many ways an experienced lawyer can fight a Marijuana DUI.
Officers who arrest drivers for Marijuana DUIs look for red eyes, dry mouth, increased heart rate, the scent of marijuana, marijuana paraphernalia in the vehicle, and poor performance on field sobriety tests.
Most of these factors are difficult to prove because they are based on officer testimony (for example, a jury does not know whether the driver actually smelled like marijuana, they can only listen to an officer’s testimony about it).
In addition, a lawyer can look for other factors that may help your case, such as whether the officer had the right to stop you or search your vehicle, whether you were actually driving at the time of the incident, or whether there were other factors that could have caused impaired driving such as road conditions or drowsiness.
Another way lawyers can fight a Marijuana DUI is by pointing out the lack of physical evidence.
When individuals are arrested for driving under the influence of alcohol, for example, officers can administer breath or blood tests which provide evidence as to the amount of alcohol in the driver’s blood at the time of the arrest.
If the test shows a high blood alcohol content, the drivers innocence may be more difficult to prove.
While there are methods of testing whether an individual has marijuana in their system, the test does not prove when the marijuana was consumed or how much of it the individual used.
That is because marijuana, unlike alcohol, stays in the system for days, weeks, or even months after it is used.
Even if your blood tests positive for marijuana, it does not prove that you were under the influence of the drug when you were driving. An experienced lawyer can use this to your advantage in trying to get the best outcome possible in your case.
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