While there isn’t a breathalyzer equivalent for marijuana, cops can still tell if you are driving while high. Rather than relying on a single point of data, cops will instead rely on several pieces of evidence to determine if you are sober. Driving erratically, having marijuana smoke coming out of your car, and being unable to perform field sobriety tests can suggest that you were driving under the influence of marijuana.
Contact us today if you’ve been arrested for a marijuana-related DUI. We can help you schedule a free consultation with a skilled Los Angeles DUI lawyer to discuss the unique facts of your case. It is important to act quickly, as building the strongest defense possible against your DUI charges can take time.
What Cops Can Do to Tell if You Are High While Driving
While it is now legal for adults over the age of 21 to smoke marijuana, thanks to 2016’s Proposition 64, individuals are not allowed to be under the influence of marijuana while driving. Any motorist found driving while high can face the same penalties individuals face when driving under the influence of alcohol.
However, when a cop pulls you over, they must have some solid reason to stop your vehicle. When it comes to individuals who were high while driving, that can mean that the officer is already building a case against you before ever initiating the stop. In order to determine if you were driving while high, a police officer will consider:
- How you were driving: Many people under the influence of marijuana while driving drive slower than most traffic. However, the officer will also note erratic driving behavior.
- Physical evidence: An officer approaching the vehicle of someone he or she suspects of DUI with marijuana will be looking for physical signs of recent consumption. This may come in the form of a strong smell of marijuana coming from your car, visible smoke in the car, bloodshot eyes, or the presence of marijuana. Chemical tests, including blood samples and urine tests, may also be used.
- How you act: Your behavior during the stop will be a strong indicator of whether you were high. Officers will note if you have trouble answering questions or if you struggle to follow their commands. This latter part can be tested through field sobriety tests.
Chemical Testing Is Not Reliable for Determining Drug-Impaired Driving
When you get arrested under suspicion of being high while driving, the arresting law enforcement officer is likely to have a chemical test performed on you. However, a blood test or marijuana urine test may not be good evidence that you were impaired.
Marijuana typically impairs people for one to three hours after consumption but can still be found in your system weeks later. Of course, this doesn’t mean your chemical test results are useless in court.
Defending Yourself Against a DUI Charge for Being High While Driving
Like alcohol-related DUIs, prosecutors can be aggressive in seeking convictions against individuals for marijuana-related DUIs. All the evidence the cops gathered during your arrest, including the chemical test results, will be used against you. Taken as a whole, this evidence can be very convincing to a jury.
However, no DUI case is necessarily unbeatable. Even though law enforcement officers are highly trained to detect if an individual is high while driving, mistakes can be made. A good DUI attorney will know how to properly attack the evidence to get you the best chance at avoiding a marijuana-related DUI conviction.
A recreational marijuana-related DUI defense may start by attacking the results of your chemical test. The THC found in your blood or urine can linger at high levels long after you’ve stopped feeling any impairment. Likewise, chemical tests can show incorrect levels because of mistakes by the technicians handling the samples.
Your defense may also include calling into question how the evidence was gathered more broadly. Cops require probable cause before initiating an arrest. If the cop can’t accurately attest to the facts leading him or her to have probable cause, the evidence gathered might be excluded from the case.
The Benefits of Hiring a Lawyer If You’ve Been Pulled Over Under the Influence of Drugs
Hiring a defense attorney after getting pulled over for driving while high can provide numerous benefits, ensuring your rights are protected and potentially mitigating the consequences of the situation. Here are some advantages:
- Legal guidance: We provide legal knowledge and understanding of the specific laws surrounding driving under the influence of drugs.
- Defense strategies: Our team can craft effective defense strategies tailored to your case, potentially leading to reduced charges or penalties.
- Investigation and evidence: We conduct thorough investigations, gathering evidence such as dashcam footage or witness statements to build a strong defense on your behalf.
- Negotiation skills: We negotiate with prosecutors to potentially secure plea bargains or alternative sentencing options, minimizing the impact on your driving record and insurance rates.
- Court representation: We represent you in court, advocating for your rights and presenting your case persuasively to the judge or jury.
- Minimized consequences: With our assistance, you may be able to avoid or reduce fines, license suspension, or jail time associated with a conviction for driving while intoxicated.
Navigating a legal case involving driving while high can be complex and daunting, but with our experienced legal team by your side, impaired drivers can work towards more favorable outcomes and protect their futures.
Call Us if You Were Arrested for Driving While High
Beating a DUI charge can be difficult if you lack the expertise to challenge the prosecution’s case properly. Failing to beat the charge could result in thousands of dollars in fines and fees, a suspended license for six months or more, and even jail time.
If you’d like to speak with a DUI lawyer about your case for free, contact us by calling or entering your contact information into the forms on this site. We’ll help you schedule a free consultation with one of our skilled DUI lawyers, who can help you build the strongest defense possible for your criminal charge.
