Navigating DUI Charges: Marijuana DUIs
As we’ve stated in previous blog posts, driving under the influence is a serious offence that has grave legal consequences for the individual being charged with the offense. Whenever you are charged with a DUI, you should always consult a lawyer specializing in DUIs to represent you and help mitigate damages.
For this blog post regarding DUIs, we’re going to discuss Marijuana DUIs, and specifically a detailed overview of marijuana DUIs, the process of what happens once someone has been charged, and how marijuana DUIs differ from drinking DUIs. Let’s get into it!
Overview of Marijuana DUIs
A Marijuana DUI occurs when a driver is found to be operating a vehicle under the influence of marijuana. Like alcohol DUIs, marijuana DUIs are taken seriously by law enforcement due to the potential impairment of the driver, which can endanger public safety. The laws and procedures surrounding marijuana DUIs can vary by jurisdiction, but they generally follow a similar framework.
Process after being charged with Marijuana DUI
Below are the steps that usually and can occur when being charged with a Marijuana DUI:
Traffic Stop or Accident
As a driver is pulled over or involved in an accident, the police office observes signs of impairment, such as erratic driving, smell of marijuana, bloodshot eyes, or unusual behavior
Field Sobriety Tests (FSTs):
The officer may conduct a field sobriety test, including the walk-and-turn, one-leg stand, and horizontal gaze nystagmus test. Depending on the performance of the driver, these tests can indicate impairment.
Preliminary Breath Test (PBT)
Although primarily used for alcohol, officers may use a PBT to rule out alcohol impairment
Drug Recognition Expert (DRE) Evaluation
If this step is used by police, a specifically trained officer may conduct a DRE evaluation to determine impairment due to drugs, including marijuana. This evaluation includes checking vital signs, eye examinations, and muscle tone assessments.
Chemical Testing
The driver may be asked to provide a blood or urine sample to test for the presence of THC (the active compound in marijiuana) and its metabolites. In some states (California, Michigan, Colorado, Nevada, New York and Oregon) they are also authorized to use saliva tests to determine the amount of THC in a driver’s body.
Arrest and Booking
If impairment is suspected, the driver is arrested and taken to a police station for booking. The driver is then photographed, fingerprinted, and held in custody or released on bail.
Administrative Penalties
The driver’s license will most likely be suspended or revoked immediately upon arrest or after a specified period. The driver may be given a temporary permit to drive until the court hearing.
Court Proceedings
The driver must appear in court to face DUI charges. The prosecution presents evidence, including the officer’s testimony, FST results, DRE evaluation, and chemical test results. The defense (ideally choosing Wes McKenzie as the representation) can challenge the evidence, the validity of the traffic stop, and the testing procedures, among other things.
Sentencing
If found guilty, the driver will face penalties, such as fines, jail time, probation, mandatory drug education or treatment programs, community service, and installation of an ignition interlock device. The severity of the penalties depends on factors such as prior offenses, level of impairment, and whether the DUI resulted in an accident or injury.
Difference between Marijuana DUIs and Alcohol DUIs
Below are some (but not all) differences between a marijuana DUI and an alcohol DUI:
Detection and Testing
Alcohol: breathalyzers are widely used and provide immediate results for blook alcohol concentration (BAC). Blood and urine tests are also used.
Marijuana: There is no equivalent breathalyzer that exists for marijuana. Blood, urine, and saliva tests are used to detect THC, but these test measure THC levels that can linger long after impairment has subsided, complicating the assessment of current impairment.
Legal Limits
Alcohol: While most states have a per se limit of 0.08% BAC, if a driver’s BAC is at or above this limit, they are automatically considered impaired.
Marijuana: The limits for THC concentration in the body vary by state and are less standardized. Some states have specific limits (e.g., 5 nanograms of THC per milliliter of blood), while others use zero-tolerance policies or rely on evidence of impairment.
Field Sobriety Tests (FSTs)
Alcohol: FSTs are validated and widely used for detecting alcohol impairment.
Marijuana: FSTs can indicate general impairment but are less specific for marijuana. Additional DRE evaluations are often used.
Metabolism and Impairment
Alcohol: Alcohol is metabolized relatively quickly, with impairment closely correlated to BAC levels.
Marijuana: THC can remain in the body for days or weeks, even after the impairing effects have worn off. This makes it challenging to determine current impairment based solely on THC levels.
Public Perception and Legal Status
Alcohol: Alcohol is legal for adults and widely accepted socially, but driving under its influence is universally condemned.
Marijuana: Legal status varies by state, with some states allowing recreational and/or medical use. Public perception is evolving, but driving under the influence remains illegal everywhere.
Conclusion on Marijuana DUIs
Marijuana DUIs follow a complex process involving detection, testing, and court proceedings. They differ from alcohol DUIs primarily in the methods of detection, legal limits, and the metabolism of the substances. Understanding these differences is crucial for law enforcement, legal professionals, and the public to address the challenges of impaired driving effectively.
McKenzie Law PLLC has had extensive history representing clients with marijuana DUIs, so Wes is familiar with the process, the differences from alcohol DUIs, and how to use this knowledge to best represent defendants.
If you find yourself being charged with a marijuana DUI, Wes McKenzie is your guy. Reach out today!