Marijuana DUI Photo by tevenet on Pixabay

Marijuana DUI Photo by tevenet on Pixabay

Understanding false marijuana DUI charges can make an immense difference in your future. The police and justice system have yet to learn how to deal with marijuana DUI when conducting sobriety tests effectively. In light of this, it is even more important that you understand your rights.

Sobriety Tests Do Not Accurately Test Marijuana DUI

During an alcohol sobriety test, officers will subject you to a breathalyzer and possibly a blood test. Because alcohol dissolves in water, it distributes throughout your body in a matter of hours. Therefore, it is easier to detect whether you are currently drunk.

Alternatively, sobriety tests for a marijuana DUI are not as clear-cut. THC, the main chemical in marijuana, dissolves in fat. Therefore, depending on multiple factors, this means you may have THC in your system from a recent intake or from smoking days ago.

Marijuana DUI Charges Result from Police Subjectivity

Surprisingly, sobriety tests do not accurately test marijuana, which leaves police with little scientific evidence to depend on. Some people don’t show any active signs of being under the influence of marijuana and can pass sobriety tests easily. Your weight, gender, type of marijuana, frequency and method of use will change the effect any intake has.

While many companies are exploring better ways of testing marijuana DUIs, they are still far from finding a concrete answer. Until then, the police are left with using circumstantial evidence and their best guess when arresting you. Unfortunately, this leaves a lot of people with false marijuana DUI charges due to police subjectivity.

Finding the Right Attorney

In order to receive a marijuana DUI conviction, the prosecutor must prove you were under the effects while operating a motor vehicle. They also must prove that you were unable to operate a vehicle as safely as you would sober. As your attorney, I understand the legal tactics officers use. For this reason, I like to ask the testifying officer if they know how a person acts when drunk because they drink alcohol. Typically, the answer is yes. This leads me to ask the officer if they also smoke marijuana? Obviously, they always say no to this question.

In conclusion, I ask how they can be equally sure about a DUI for marijuana as they are about a DUI for alcohol. Lastly, I finish by letting them know they don’t have to answer that question, and then walk away, back to my table.

Some common defenses include the officer had no reasonable suspicion to stop you and conduct a test or probable cause to arrest you or that the test produced a false positive. Remember that although marijuana is legal in some states, it is not legal to operate a vehicle under the influence. Ultimately, the right attorney can you help you understand false marijuana DUI charges and guide you through the process.

Have you been charged with a marijuana DUI? Contact Leon Matchin, Attorney at Law, 732-887-2479 or email him at [email protected].