Although it is more common that a charge of driving under the influence comes because of the consumption of alcohol, it may also come from the consumption of drugs, including marijuana. If a driver operates their vehicle under the influence of marijuana, it can lead to severe criminal penalties.
As feelings about marijuana change around the country, so are the laws concerning its use and possession. If the laws about marijuana were to change, so too could the way in which DUI marijuana cases are handled.
If you or someone you care about has been arrested for DUI marijuana, you need an experienced Cobb County DUI attorney to fight for your rights. You do not have to face this process alone.
If Changes Should Happen
If marijuana possession should become legal, then the concurrent drug charges with a DUI will end. However, it will still be illegal to drive while under the influence of marijuana.
This means that smoking a joint, ingesting marijuana in food, or vaping marijuana while driving would still be illegal. It would also still remain illegal to be under the influence of marijuana when driving.
The Tricky Part
The tricky part about dealing with DUI marijuana is figuring out if a person is intoxicated while driving. Unlike alcohol, which has a legal limit of 0.08% blood alcohol content (BAC), marijuana does not have a blood content amount to determine whether a driver is intoxicated.
This means that there is no breath or chemical test that can put a number on exactly when a person becomes intoxicated. This leaves it up to "trained" Georgia law enforcement to figure out if the person is under the influence of the drug while driving.
Figuring It Out
Figuring out if a person is intoxicated by marijuana requires a law enforcement officer to look for certain signs. These signs may include the following.
- Redness of the eyes (bloodshot eyes)
- Smell of marijuana on the person's body
- Visible marijuana or flakes in the vehicle
- Inability to stand
- Inability to concentrate or focus
- Difficulty putting together coherent speech
- Inability to balance
- Difficulty passing field sobriety tests
No one sign is a guarantee that a person is intoxicated by marijuana. However, Georgia law enforcement officers often make assumptions based on faulty observations, and those false assumptions may have a considerable impact on your life and your freedoms.
Defending a Marijuana DUI
To defend yourself against a charge of marijuana DUI, you can
- Challenge the officer's training and experience,
- Challenge the results of any field sobriety tests conducted,
- Suppress any illegally obtained evidence, or
- Present reasonable doubt at trial.
Depending on the facts of your case, there may other defenses which can be raised to protect your freedoms.
Consult a Cobb County DUI Attorney
Whether marijuana remains illegal or becomes legal, it will always be impermissible to drive while under its influence. If you are arrested for DUI marijuana, an experienced Cobb County DUI attorney can defend your case to protect your rights. Contact us today for a free consultation.