Driving Under the Influence of Marijuana. Is the Law More Impaired Than the Driver?
Clearing the Smoke on New Marijuana Laws
There are going to be a lot more impaired drivers on the road now that marijuana use is legal in Colorado and Washington. And the laws regarding driving under the influence of marijuana are tricky.
Police have the right to arrest you if you have small amounts of THC in your system. They have the right to blood test you even if they think you look high. This is a problem because many people look high all the time and just about everyone looks high driving home after a long day at work.
A police officer may detect the presence of drugs through a test done with breath, blood, or urine. However, since there isn’t an exact number to prove toxicity like the .08 alcohol level, your alleged use may be hard to prove.
Another problem is that traces of marijuana can be detected in your blood for up to thirty days after it was used. That means a person can end up submitting to a blood or urine test and end up testing positive for marijuana even though he or she hasn’t used marijuana for days or even weeks.
Florida DUI Law
Under Florida Statute § 316.193, you can be charged with driving under the influence (DUI) of drugs if your normal faculties are impaired due to taking a controlled substance when you are in actual physical control of a vehicle. Actual physical control means that you are in a car, able to operate it, or in close enough proximity to the vehicle to operate it. You can even be charged with a drug DUI if you are in a parked vehicle asleep, or otherwise not driving the vehicle but still in “actual physical control.”
Defending Your Freedom and Rights
The best way to fight a driving under the influence of marijuana charge is to hire a defense attorney who knows the difference between an alcohol DUI and a marijuana DUI. A marijuana DUI attorney knows the chemistry of THC (tetrahydrocannabinol) – the constituent in marijuana – and how it affects the body. A marijuana defense attorney can pick apart the prosecution’s case and prove to the court that their case is more impaired than the driver.
A DUI arrest is bad. When drugs enter the picture, it’s worse because you may also face separate drug charges. You need marijuana DUI attorney to get you off the DUI charge and a drug attorney to get you off any additional drug related charges that you may face. Andrew Stine – one of West Palm Beach’s most prominent criminal defense attorneys – will work hard to get you off both charges.
Anyone can make a mistake. Not everyone can get you off a drug charge in Palm Beach County. A criminal defense attorney like Andrew Stine who has marijuana DUI experience will fight to keep you out of jail and dismiss your case.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at 561.880.4300 Se habla español.