The first instinct that many motorists have when being pulled over by law enforcement officers is to panic. They may be worried that their insurance premiums will increase if they receive a ticket, or they may be worried that they have been unintentionally driving while intoxicated past the point of the legal limit. Increasingly, many motorists have reason to panic when they are pulled over as they have marijuana in their systems.
Unlike driving while intoxicated, there is no legal limit at which you may drive while high. Generally, if motorists are pulled over and it is determined that their blood alcohol content is below the legal limit of 0.08, they will not be arrested for drunk driving. However, individuals may be charged with a marijuana-related driving while intoxicated charge if any of the drug remains in their systems whatsoever.
It is important to understand that marijuana-related DUI charges are not set in stone. Everyone, regardless of what specific kind of criminal wrongdoing they are charged with, is innocent until proven guilty. And there are numerous ways that an experienced criminal defense attorney may help to ensure that marijuana-related DUI charges are successfully defended against.
A criminal defense attorney may argue that the law enforcement officer stopped a motorist illegally. An attorney may argue that the breath or blood test that was conducted on a suspect was done incorrectly or that the test results cannot be submitted into evidence. If you have been charged with a marijuana-related DUI, do not lose hope that an attorney will be able to help you defend against this charge to the best of his or her ability.
Source: Findlaw Blotter, “3 Potential Ways to Challenge a Marijuana DUI Charge,” Christopher Coble, Feb. 19, 2015