During the past few years, laws covering marijuana have changed all over the country. Ten states have decriminalized the recreational use of marijuana by adults. This has resulted in states with legalized marijuana facing an interesting dilemma. It has yet to be determined what should be the legal limit for operating a motor vehicle under the influence of marijuana. Enforcing it is even more of a challenge.
When using marijuana was illegal, just having the presence or smell of it in a vehicle was sufficient for a driver to be charged with drug possession by law enforcement officers. A driver could be charged with DUI, illegal drug possession, or both. This is no longer the case in states that have legalized marijuana.
There is a zero-tolerance policy when it comes to driving under the influence. This means a driver who tests positive for having THC in their blood will be charged with DUI. It will be the same as any driver under the influence of alcohol. The procedure associated with testing for THC is a little more complicated. There is hope for the future of the development of a saliva swab to test people for THC in their system. The current method requires drawing blood. This can be problematic. The intoxicating effects of THC last for a few hours. The THC can remain in a person's blood for up to two days. There have been cases of it being detected a month after use. This means the presence of THC in a driver's blood doesn't mean they were driving under the influence of the drug.
Anyone who is charged with a DUI based on marijuana will need to be represented by an attorney. This is essential because these attorneys know about the expense involved with a criminal trial and the huge caseloads being dealt with by the criminal courts. Because of this, the prosecuting attorneys in the United States have approximately 95 percent of their cases resolved using plea bargains. This is a good idea for most counties and their budgets; it is usually not good for a criminal defendant. Those who plead guilty to a DUI charge are often required to pay significant fines as well as have their license suspended, serve time in jail, spend time on probation, and more. It has been shown that individuals who take their case to trial and lose will usually only endure a slightly more severe punishment than those who accept a plea bargain.
Should you be charged with DUI for marijuana, you should contact the Meranda Law Firm (614) 707-4239 today. These legal experts know the law and how it will be applied in each case. These knowledgeable and experienced attorneys will carefully review a case and know how to provide the best possible legal defense.