Possession of more than one ounce of marijuana, a Schedule I controlled substance, is a felony. In Georgia, a driver can be charged with "driving while intoxicated" if he or she was in control of a motor vehicle while under the influence of marijuana. In states with so-called per se DUI laws, drivers with a certain amount of marijuana in their system are considered under the influence. States that have per se marijuana DUI laws generally specify a limit of THC (the main psychoactive ingredient in marijuana).
But there are also states that prohibit driving with any measurable amount of marijuana in the blood or urine. Drivers who are at or above the legal THC limit, whether it is a concentration or any measurable amount, can be convicted of a DUI. Even if the law doesn't make much sense, the Constitution still applies in marijuana DUI cases. This means that the police cannot stop your car without probable cause, and they cannot expand a search beyond the original basis for the stop without probable cause.
They cannot take your blood or urine to test for the presence of marijuana without probable cause to do so. An experienced DUI attorney must review every step the police officers took to evaluate the constitutionality of the stop and the subsequent taking of your blood or urine. Georgia DUI attorney Richard Lawson has vast experience defending drug DUI cases. As a former DUI prosecutor, Richard Lawson puts more than 25 years of experience to work for you.
He is the co-author of a book on DUI drugs. Our office utilizes the experience of our attorneys and the expert witness you need to defend your marijuana dui case. Most lawyers assume guilt when they see a positive drug test. No one is automatically guilty and all cases have possible defenses.
Most prosecutors see it as their role to prosecute someone for marijuana use only. It is NOT illegal to have marijuana in your system while driving. Driving with a blood alcohol concentration (BAC) of. But some states also have DUI per se laws that apply to marijuana.
In other words, these states have laws that prohibit driving with a certain concentration of THC (the psychoactive ingredient in marijuana) in your system. And the DUI laws in each state make it illegal to drive while actually impaired by marijuana (or any other drug). Marijuana metabolite compounds left behind when the body metabolises (or processes) marijuana can remain in a person's body for days, weeks or longer after marijuana use. The penalties and sentences for driving under the influence of marijuana are the same as for a DUI.
A marijuana DUI charge applies to any motorist who drives under the influence of cannabis (or cannabis combined with another intoxicant). Below is a detailed explanation of how this can occur, as well as how one could obtain a DUI during the normal course of events while high on marijuana. In these states, the prosecutor must always establish that the driver was behaving in a manner that showed that he or she was under the influence of marijuana at the time of the stop, regardless of blood or urine marijuana concentration levels. In blood, marijuana is typically detectable for up to two days, however, again, the presence of marijuana may be more likely to be detected in frequent users than in occasional users.
On their visit to a local marijuana dispensary, they examined golden cigars filled with marijuana. This is more problematic for patients living in states with zero-tolerance laws for marijuana driving, as the presence of any THC metabolites constitutes impairment rather than actual intoxication. Marijuana remains in a person's system long after the effects of intoxication have worn off, and the defence can present expert testimony on marijuana metabolism and intoxication. Whatever the state-specific DUI law, always carry your medical marijuana patient card when driving and be aware of all local traffic laws.
It is not uncommon for first-time defendants in minor marijuana DUI cases to receive little or no jail time. Instead, there are four different standards applied by states when determining a marijuana DUI charge. For example, a driver involved in a no-fault collision may be arrested and charged with DUI for marijuana if police find evidence at the accident scene of recent cannabis use.