What does the current state of the cannabis DUI law say about driving under the influence of marijuana? It’s simple, no good. Anytime someone violates the driving under the influence of drugs law, their case is sent to a criminal attorney and no wonder most lawyers aren’t so quick to argue the case.
One of the things you need to know about a driving under the influence of marijuana case is that it is very different from a standard DUI. When a judge decides that the offender has violated the law, the case goes before a jury.
A marijuana law attorney will want to make sure that the jury understands that marijuana is illegal. If the defendant is charged with DUI by smoking cannabis at home or at work, the reason he or she is able to drive could be gone for good. The fact that there were witnesses who saw him consuming cannabis makes no difference.
When a person is convicted of a driving under the influence of marijuana, they are subjected to a DUI. Marijuana can be used as a defense against a driving under the influence of drugs charge and should be used if the driver’s blood alcohol level is below .08%.
If the arresting officer has probable cause to believe that the defendant was driving while under the influence of drugs, the officer can issue an order to submit to a breath or blood test. This test determines whether the individual’s level of THC (the active ingredient in cannabis) in their system was above the legal limit.
The legal requirement is that a cannabis DUI lawyer is present when a breathalyzer is used. By doing this, he or she can guarantee that the breathalyzer is working properly. Also, they can watch over the results of the tests in court so that the judge doesn’t see them and mistakenly think that the defendant is innocent.
Blood alcohol content testing can be less expensive and less invasive than an initial arrest, and can save the state money. The blood test is usually more accurate than a breathalyzer test because the person has no idea whether they have had a drink or some other substance while driving. This is the reason why many people still believe that they have violated the cannabis law when they have only had a small amount of alcohol.
In a state where marijuana is legal, the cannabis DUI law is much more relaxed than in a place where the plant is illegal. An attorney knows this and will be ready to fight any cannabis charges if it is discovered that the arresting officer has planted evidence. A cannabis DUI lawyer will also be able to see to it that the police officer is not issued a ticket suspended.
If a person is charged with driving under the influence of cannabis, it is imperative that they get the help of a cannabis DUI lawyer immediately. There are a number of ways that they can get the charges dropped or the charges overturned.
An attorney will work on behalf of their client to try to make the case go away without having to spend the time fighting the case. They will make sure that the arresting officer isn’t given any form of punishment. They will also be making sure that the charges aren’t placed on a person that might be innocent.
A cannabis DUI lawyer may go to court to give the officer an explanation about why they can’t have the charges against the person dropped. If the officer is unable to explain what happened, the cannabis DUI lawyer will provide him or her with the police report and will argue that there is not enough evidence to convict the person.
The laws regarding cannabis are changing all the time, but the driving under the influence of cannabis law is a bit more complicated than most people think. It’s up to the client to be well informed and find a lawyer that has knowledge of the laws as well as what is working to their advantage.