Montgomery County Marijuana DUI Lawyer
Marijuana laws are changing in many states, and marijuana, in certain amounts, has been decriminalized in the state of Maryland. However, this decriminalization does not extend to DUI charges for driving under the influence of marijuana. Someone who has been charged with driving under the influence of marijuana in Montgomery County and the rest of Maryland, should consult with a marijuana DUI attorney in Montgomery County, who can defend them against these charges, and the potential penalties they bring with them.
Marijuana Laws in Montgomery County
Driving under the influence of marijuana is considered an illegal act in Maryland even though certain amounts of marijuana have been decriminalized. At this point, the decriminalization of marijuana has not extended to DUI. It’s still illegal to drive under the influence of marijuana in the State of Maryland just as it was before marijuana was decriminalized.
If you are stopped by an officer and the officer is inquiring about your sobriety and makes the determination, based on that officer’s observation and subsequent observations potentially by a drug recognition expert, that you are driving under the influence of drugs, then you may be in a position to retain a Montgomery marijuana DUI lawyer. A local attorney with experience handling drug recognition in DUI cases can help you build a strong defense against your charges.
People could face charges for driving while impaired by alcohol and/or drugs under 21-902C or driving under the influence of drugs under 21-902B of the Traffic Articles in the State of Maryland.
Marijuana DUI penalties could include jail time of up to 12 months, as well as up to twelve points on your driving record for the first offense. The penalties could increase for subsequent offenses. While penalties on a driving record may not seem like a big deal to many people, the points may accumulate and serious hinder a person’s driving privileges.
How These Cases Differ From Alcohol DUI Charges
The evidence required in a pot DUI case is going to be much more difficult for a prosecutor to prove than in an alcohol related case. In alcohol related cases, officers, as well as the courts, have a very good understanding of Breathalyzer Tests and can largely rely on the results from those machines.
In marijuana DUI cases, it is much more difficult for a prosecutor to try and prove if somebody was driving under the influence of marijuana. Usually they are using external clues from a drug recognition expert and not relying on things like odor in order to try and effectuate a conviction in a driving under the influence of marijuana case.
That kind of evidence is considered scientific in a courtroom when a drug recognition expert testifies to it. Still, that evidence, and these cases, can be very opinion-based and can be challenged by a defense attorney if the defense attorney has a strong background representing people in these kinds of criminal cases.
Importance of a Montgomery County Marijuana DUI Lawyer
Contacting a Montgomery County marijuana DUI lawyer who is familiar with these kinds of cases is going to allow that attorney to use his breadth of knowledge to challenge a drug recognition expert’s findings on what they viewed as the probable cause or subsequent basis for the arrest and charging of an individual. Generally an attorney’s experience should help them more effectively fight these charges on behalf of their client that a lawyer who has never handled similar cases before.