Howard County Marijuana DUI Lawyer
A Howard County marijuana DUI lawyer is well-versed on the laws of the county. Howard County marijuana laws state that if a person is 21 or over and they are in possession of less than 10 grams of marijuana, then they will be charged with a civil offense. It is a civil citation and a $50 fine. The law is not as simple if the person is over 21. A person under 21 must go to court – they cannot just pay a fine. Marijuana and other drug laws in Howard County can be confusing, call an experienced DUI attorney today.
Legalization vs. Decriminalization
To clarify, there is a difference between legalization and decriminalization. Legalization means a person can have a substance and use it. Decriminalization means the person cannot have an item or buy it. If they are caught with it, they will take it from the person, but the person cannot be arrested for it. They will only get a fine for it, a civil citation that a person could pay in the mail. However, that civil citation is for less than 10 grams. If it is over 10 grams, it is a criminal offense and carries potential incarceration. If a person has a large amount, they can be charged with possession with intent to distribute. If the person is caught giving it away or selling it, it is a felony distribution.
Charges for Marijuana DUI
If a person is caught with marijuana and it is over 10 grams in possession, they can be charged with driving under the influence and driving while impaired.
Penalties for Marijuana DUI in Howard County
For a first offense, a marijuana DUI in Howard County carries up to a year of incarceration and/or 12 points on a person’s record if they are found guilty. For these penalties to occur, the prosecution needs to prove that the person was controlling or operating a vehicle while under the influence or affected by marijuana.
Evidence in Marijuana DUI Cases vs. Alcohol DUI
In alcohol DUI cases, the tests are very specific. For example, the person has the breath test to measure the amount of alcohol that they had consumed. In marijuana cases, they do not have a breath test. There is no proper measurement of the drug in a person’s system. If a person admits to smoking it or if an officer smelled it, those are more subjective factors that must come into play because the substance is different and may have a different effect on somebody. Somebody who is heavily intoxicated on alcohol will act differently than someone who is heavily under the influence of marijuana. The mood, the reaction, and the balance coordination is going to be different, and thus, the evidence will be different. Individuals should talk to Howard County marijuana DUI lawyers for more information.
Importance of Howard County DUI Attorney
Only a local attorney that regularly handles these types of matters will know the appropriate strategies and approaches to try to get the best result. They know what burden of proof and what the prosecutor has to meet, and will understand what negotiating tactics to employ to get the best results.
Even though marijuana can be decriminalized and might be purchasable for medical use in the state of Maryland, it does not mean someone can drive while on the substance. A Howard County marijuana DUI attorney can help a person understand the process and challenge the prosecution.