Can You Get A DUI For Having A Higher Limit In States That Allow Marijuana Usage? Find Out


Many states allow for the sale and use of medical marijuana. However, you can get into trouble with the authorities if you get behind the wheel after smoking or ingesting more cannabis than the recommended limit. They can arrest and prosecute you in court for driving while impaired. You may want to consult a lawyer immediately after the arrest to know the legal implications of your offense and how to avoid severe consequences. Read on to learn more about marijuana legal limits and how to fight the charges. 

The Regulations That Govern Cannabis Use When Driving

Different states use varying limits for marijuana intoxication. Therefore, the police may arrest you even if you have taken or used a small amount of cannabis. You will face charges as long as the sobriety test results indicate that the amount of marijuana in your blood is above the recommended limit. The police may also undertake more tests to determine whether you had taken other intoxicants. Unfortunately, a determination that you have taken alcohol or any other drug type might worsen your charges.

Your lawyer can help you evade a severe punishment if you engage them early enough. First, they will evaluate your case to determine whether the police followed the right procedures during the arrest. Additionally, they will institute an independent test to know whether the police test results were accurate. 

After that, your lawyer can challenge any illegalities done during your arrest. They may also use the independent test results to prove that your arrest was unlawful. For instance, they might argue that the cannabis concentration in your blood was lower than the recommended limit in your state.

Marijuana Tests and Arrest

States that have legalized the use of cannabis have strict laws that prevent abuse. They give the police a right to stop motorists if suspected of driving under the influence. The law enforcers then conduct tests to measure molecules of cannabis in the urine or blood. Blood samples are preferable since they provide more accurate results. These samples enable the police to determine the cannabis content in suspects who inject, smoke, or vape weed products. 

Usually, a positive result will lead to detention and possible court arraignment for operating a vehicle while impaired. However, the police must follow all the testing regulations to ensure they get the most accurate results possible. Failure to do this is illegal, and your attorney can object to the results used by the prosecution in court.

Driving while intoxicated with cannabis is illegal, even if you live in a state where selling or using medical marijuana is legal. Therefore, if the police arrest you for this offense, you may want to hire a DUI lawyer to refute the charges. 

Contact a local DUI attorney for more information. 

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