When drug charges for marijuana DUIs are faced, a variety of issues follow, such as detecting impairment and proving guilt. Defense attorneys will rely on specific methods to address these issues while safeguarding the rights of the accused to the fullest extent during the legal process.
In marijuana DUI cases, the evidence and laws are qualitatively different from those of alcohol impairment. The effect of cannabis varies by case, and the metabolites may remain for years after the effect has worn off.
While this makes it different for defense, every marijuana DUI case must be closely scrutinized in terms of when the testing was done, how it was conducted, and how the laws apply. Let’s get it rolling!
What Makes Marijuana DUI Cases Different?
Marijuana DUI cases are often about proving impairment because THC, the active compound, can be detected in the blood days and weeks after use. When it comes to alcohol, the effect is a lot quicker in terms of metabolism.
Thus, even if it is possible to obtain a sample where the THC can be detected, it does not exactly show impairment at the time of driving. Additionally, there are no reliable roadside sobriety tests or breathalyzers for cannabis, which creates additional difficulty for law enforcement in assessing impairment.
Common Defense Strategies in Marijuana DUI Cases
Was the Evidence Obtained in a Proper Manner?
One of the key defense strategies is questioning how the evidence was obtained. Lawyers question whether the arresting officer had a legal reason to stop the driver in the first place.
If the stop lacked probable cause, any evidence gathered after the stop may be suppressed. The defense may also look into how the field sobriety tests were conducted, because field sobriety tests have less standardization for marijuana impairment than for alcohol.
Could the Drug Tests Be Inaccurate?
Drug testing for marijuana impairment is complex. There are blood, urine, and saliva tests, but each of these tests has limitations in showing actual impairment that occurred at the time of driving.
It is also common for the defense attorney to hire experts or professionals to testify to limitations in testing. For example, it is possible for THC metabolites to show in urine long after actual impairment stopped, and they do not prove there is active use.
Is There Evidence of Actual Impairment?
One key strategy for the Defense is to argue that the driver was not impaired enough to be unsafe to drive, even if the driver did test positive for marijuana. Witnesses, videos, and police reports can all be reviewed by a defense attorney to see if they support this claim.
Some attorneys will ask for testimony from their expert witnesses to provide an opinion about the observable behavior and how that behavior would relate to impaired driving.
Was the Chain of Custody Observed?
In some marijuana DUI cases, the actual blood or urine sample collection process may be more significant than the evidence that comes from the testing process. Suppose there were gaps in time intervals or errors in sample handling or observations.
In that case, the defense attorney will argue that it is difficult to determine how or if there was contamination or alteration.
Key Points
- Marijuana DUI defenses often involve questions of the way and time evidence was collected.
- THC testing is very complex, and does not correlate with impairment did occurred at the time of driving.
- The defense attorney can scrutinize the police officer’s roadside testing and procedures to find faults.
- Expert (witness) testimony is often sourced to explain the science of impairment and to evaluate evidence.
- With strong defenses, a charge may be lowered or dropped, keeping a criminal charge off of the driver’s record.
