Frederick County Marijuana DUI Lawyer
Marijuana has been decriminalized in Maryland and has been legalized for those who medicinally can obtain it and are approved by the commission and by a doctor. For the average individual who does not have a medical marijuana card, the level of decriminalization is 10 grams.
Legalization and decriminalization are two separate things. When something gets decriminalized, it still is prohibited. A person cannot have it, they cannot smoke it, and if the police find them with it, they will take it, but they cannot arrest them for it and the worst they can do is give them a civil citation, requiring a fine. If a person has a medical card, they may possess more, but regardless, it is illegal to consume cannabis and operate a vehicle.
If you have been charged with driving under the influence (DUI) of marijuana, it is important that you call a seasoned criminal defense attorney to protect your rights. These charges are very serious, even if minor possession is not. A DUI could lead to incarceration, so it is wise to work with a seasoned Frederick County marijuana DUI lawyer.
What Different Types of Evidence Are Used in Driving While High Cases ?
Typically when dealing with a drug-related DUI, the testing is different from a drunk driving case. Alcohol drunk driving offenses make use of breath alcohol tests to determine how much alcohol is in a person’s system. However, THC (the active ingredient in cannabis) does not metabolize as quickly as alcohol, meaning that even if the drug was used days ago and the effects are all gone, it will probably still show up on a drug test.
The prosecution in a marijuana DUI case must prove that a person did drive or attempt to drive a vehicle while under the influence of marijuana. The timing is the difficult element to prove because a drug test cannot determine when the substance was consumed and whether or not a person was high at the time of their arrest. In these situations, the prosecutor relies heavily on the testimony of the arresting officer. However, any type of human observation is subject to error, and it may allow a Frederick County driving while intoxicated lawyer to dispute the evidence against the defendant.
Why Working With a Dedicated Marijuana DUI Lawyer is Important
A person should contact a DUI attorney who is familiar with marijuana DUIs because only an attorney who is familiar with the charges will understand properly how to challenge the state’s case, what deficiencies there may be, and what secondary mitigating steps a person should take. When drugs are involved in a DUI case, the evidence is often more complicated to handle, and potentially easier to challenge.
The penalties for a marijuana DUI are the same as an alcohol DUI leading to points on a person’s license, a restriction or suspension of their driving privileges, significant fines, and potentially even time in jail. Despite the fact that cannabis has been decriminalized in the state of Maryland, getting behind the wheel while high is still a severe crime. For help building your case, call a Frederick County marijuana DUI lawyer and schedule a consultation today.