If you have recently been charged with driving under the influence of marijuana, you may be curious as to whether it is a charge that can be successfully challenged. Whether you're guilty or innocent, there are certain ways you may be able to get around the allegations and avoid receiving a conviction. Here are three potential defenses to your marijuana DUI charge:
1. You Were Not Under the Influence at the Time.
Marijuana is much different than alcohol when it comes to the amount of time that it stays present in your system. With marijuana, it can be days – sometimes even weeks – before the THC completely leaves the bloodstream. Essentially, the length of time it remains present in your system depends on a variety of factors, including your metabolism rate and just how frequently you smoke. Therefore, it is possible to argue that the pot found in your test sample was from days or weeks ago and had absolutely no distinct impact on your driving at the time of your arrest.
2. You Were Not Too Under the Influence.
There are a few states that allow recreational pot use, such as Colorado and Washington. However, the law still states that you cannot legally drive while high. In Colorado, there is a legal limit of 5 ng/mL of THC of blood. Regardless, it may be possible to prove that your marijuana use did not at any time impair your driving in any way. Deciding on how to prove that you were not overly stoned at the time of your arrest will be something for you and your DUI attorney to discuss based on the exact circumstances of your individual situation and alleged crime.
3. You Believe the Test Results Are Inaccurate.
Whether you had a blood sample taken, underwent a Breathalyzer test, urinated in a cup or had a cheek swab, there is always the chance for these tests to produce a faulty or defective result. Therefore, this is a potential defense for marijuana DUI defendants. Lab equipment is expected to be calibrated carefully and undergo maintenance regularly. If it has not been, then this could have led to your inaccurate results. Plus, there's always human error and chain of custody that can raise some test result questions.
Whether you are being charged with a marijuana DUI or just a DUI, it is a very charge that has numerous personal, professional, social and legal consequences and must be taken seriously. Contact a DUI attorney the moment you can, as a lawyer can help determine how to handle your DUI case and help you achieve the most favorable result in your situation.
Share23 December 2015
When I was a child, my father was the pastor of a small evangelical church in my hometown. I always enjoyed going to church in order to play with my friends. One of these friends suffered a horrific accident at a local gas station one day. As he was walking towards the entrance to the gas station, he was struck by a vehicle. His leg was seriously injured during the accident. To help with the expenses of recovery, his father hired an accident and personal injury attorney. This professional helped my friend’s father sue the person who struck his son. On this blog, you will discover the advantages of hiring an accident and personal injury attorney after incurring injuries from a devastating accident.