Columbia Marijuana DUI lawyer
In Maryland, it is illegal to drive under the influence of marijuana. Any amount of marijuana in an individual’s blood or urine while driving will establish that he or she was under the influence while driving and will lead to a marijuana DUI charge.
A motorist who is arrested in Columbia, MD for driving under the influence of drugs will be charged with a DUI and subjected to DUI penalties. For a first-offender DUI conviction for marijuana, a motorist may face a fine of up to $1,000 and/or up to one year in jail. Additionally, the driver may face a license suspension up to 45 days and require participation in a drug and alcohol education or treatment program making it imperative that a strong defense is built with the help of a Columbia Marijuana DUI lawyer.
Marijuana v. Alcohol DUI Cases
The guidelines are clear for an alcohol DUI: a BAC of 0.08% or more establishes grounds for an arrest. The impairment level of a motorist involved in drug DUI is more difficult to determine. Usually, a blood test will determine the presence of marijuana in a person’s bloodstream.
However, because there is no way to measure the exact amount of marijuana in the bloodstream at the time of the stop and there is no clear determination of what amount of the drug qualifies a motorist as being impaired, it is the discretion of the officer as to whether or not the motorist should be charged.
The possession of fewer than ten grams of marijuana is now a civil charge, because of this, possession of marijuana will not affect the DUI case or add an additional criminal charge. A marijuana DUI lawyer in Columbia can assist in building a defense.
Prosecutor’s Burden of Proof
In Columbia, MD, a prosecutor will not need to prove that the defendant’s senses were impaired, given that the state has a per se DUI law. This means that any amount of marijuana will establish that a motorist was under the influence. As such, the officer is not required to administer field sobriety tests or testify regarding the individual’s driving or behavior.
Importance of an Attorney
A Columbia marijuana DUI attorney who is familiar with marijuana DUIs in Columbia will be able to evaluate your case and determine the weight of the evidence against you. He or she will explain the options you have, including pleading guilty to a lesser charge and other defenses, educating you on the consequences you may face and protect your rights during the entire process.