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Marijuana DUI Information

Posted on: July 19th, 2012 by Jonathan Scarborough

marijuana dui

Driving under the influence of drugs, or DUID as it is commonly referred to, is a crime which is receiving increasing regulations especially in states that have passed the legislation for medical use of Marijuana. With the decriminalization of Marijuana for medical use it has become top priority for law enforcement agents across the nation to find a way to regulate and minimize traffic accidents and fatalities related to the use of Marijuana.

DUI Marijuana Attorney

If you get arrested for a DUI Marijuana or DUID it is imperative to seek the aid of a defense attorney, especially one which specializes in these cases. Currently there is no concrete method to prove a THC blood level accurately to indicate an impaired state for the use of Marijuana. This makes it very difficult for the prosecution in the case to show that a driver is incapable of operating a motor vehicle due to the amount of THC consumed by the motorist.

Typically police officers will rely on confessional statements from the defendant if any are made at the scene of the arrest to prove their case in court. In many cases the charges get dramatically reduced to a dismissal or possession charge when using an attorney to defend you for a DUI Marijuana.

How can I be arrested for DUID?

The most common factors leading to an arrest for DUID are:

  1. Admission of driving under the influence to an officer.
  2. Vehicle search revealing drug possession and/or recent use while driving.
  3. Physical witness of drug use while driving.

In most cases the DUID is caused by an individual admitting to a police officer that they have consumed drugs previously in the day. If a driver is passing through a DUI checkpoint and are subject to search, possession of controlled substances can result in a DUID as well.

Is there a test cops can do for DUI Marijuana?

There are a few preliminary tests that can be conducted by law enforcement officers to determine if an individual is intoxicated at the time they are driving. However the accuracy of these tests are the center of a growing controversy in reaching a solution to regulating impaired driving more effectively.

Pupillometry

Pupillometry is the study of how the human eye portrays symptoms of impairment through pupil and eye functions. The pupil reacts almost exactly similar for all humans when it comes to responses to dilation caused by a light stimulus. Because of this new science has found correlations between impairments in certain parts of the brain and how they appear in pupil measurements. Although this method does not specifically prove a chemical substance is present in an individual it does portray impairment in specific areas of the brain fairly accurately. The downside to using pupillometry is that for a substance such as Marijuana it is that fatigue can often appear as a false positive for this chemical.

Blood Tests

Current blood tests are the only fairly accurate method to prove that an individual was under the influence of a controlled substance at the time of driving. This is again very difficult to prove for Marijuana related arrests as the chemical THC can stay in an individual’s system for up to one month after consumption although the effects do not persist nearly that long.

Can I post a bail bonds for Marijuana DUI?

Yes, posting a bail bond for a DUI Marijuana or DUID is almost the same as a regular driving under the influence bail posting however there may be additional possession charges applied in these instances. Generally it is a good idea to find an attorney immediately because in most cases they can help receive a dismissal of trial or at the very least a reduction in sentencing or charges for these offenses.