Can You Be Charged With a Marijuana DUI If You Aren’t High?
Many people assume that a marijuana DUI requires proof that they were visibly high or obviously impaired while driving. Pennsylvania law makes the issue more complicated. A driver may face a DUI charge involving marijuana even when they do not believe they were impaired at the time of the traffic stop. What matters is the specific allegation, the evidence collected by police, and the section of Pennsylvania’s DUI law being used. For anyone facing a marijuana DUI investigation or charge, understanding this distinction is important.
Feeling Sober Doesn’t Necessarily End the Investigation
After using marijuana, a person may no longer feel its effects by the time they get behind the wheel. That does not necessarily mean a DUI investigation will end if police have other evidence suggesting drug use.
Pennsylvania’s DUI statute addresses controlled substances in several ways. Under 75 Pa.C.S. § 3802(d), one provision addresses the presence of certain controlled substances or their metabolites in a person’s blood. Another addresses whether a person is under the influence of a drug to a degree that impairs their ability to safely operate a vehicle. That distinction can be especially important in marijuana-related cases.
How Can Marijuana Lead to a DUI Charge?
Police may begin a drugged-driving investigation for many of the same reasons they investigate suspected alcohol DUI cases.
An officer may become suspicious after observing things such as:
- Unusual driving behavior
- A traffic violation
- Slow or delayed responses
- Problems with coordination
- Physical signs the officer believes are consistent with drug use
Pennsylvania also trains law enforcement officers in drug-impaired driving enforcement, including Advanced Roadside Impaired Driving Enforcement and Drug Recognition Expert programs. However, an officer’s suspicion is not the same thing as a criminal conviction. The evidence still needs to be evaluated in the context of the specific charge.
A Positive Test Doesn’t Tell the Whole Story
One of the most important issues in marijuana DUI cases is chemical testing. A blood test may detect THC or other substances associated with marijuana use. But the presence of a substance in someone’s system does not necessarily answer every question about what was happening at the time they were driving. The timing of marijuana use, the type of testing performed, the test results, and other evidence can all become relevant.
Pennsylvania law specifically addresses chemical testing for controlled substances and establishes requirements concerning the admissibility of certain test results. This is one reason marijuana DUI cases can require a careful review of the evidence rather than simply looking at whether a test came back positive.
What If You Used Marijuana Days Earlier?
This is one of the questions people often have after a marijuana DUI arrest. Marijuana can remain detectable in the body after the effects of the drug have worn off. As a result, the timing of a test can become an important issue in a DUI case.
That doesn’t mean a person who used marijuana days earlier will automatically be charged or convicted. Instead, the circumstances of the case need to be examined carefully. The prosecution’s evidence must be considered in light of the specific DUI subsection being charged and the other evidence gathered during the investigation.
Medical Marijuana Does Not Automatically Prevent a DUI Charge
Having authorization to use medical marijuana does not mean a person can safely assume that driving after using it is legally protected. PennDOT specifically warns that drivers can be arrested for DUI when impaired by drugs, including legal or illegal substances.
The legality of possessing or using marijuana and the legality of operating a vehicle while affected by a substance are separate issues. For that reason, a medical marijuana patient who is facing a DUI investigation should not assume that having a valid medical marijuana card automatically resolves the case.
What Evidence Can Be Used in a Marijuana DUI Case?
A marijuana DUI investigation may involve several different types of evidence. Police may rely on observations made during the traffic stop, statements made by the driver, field sobriety testing, chemical testing, and other evidence. The prosecution may attempt to combine these pieces of information to support the DUI allegation. A defense attorney can examine that evidence and ask important questions about how it was obtained and what it actually demonstrates.
For example, the defense may need to examine whether:
- The traffic stop was lawful
- The officer’s observations were accurate
- Testing was properly performed
- The test results establish what prosecutors claim they establish
- The available evidence proves the required elements of the specific DUI charge
What Should You Do If You’re Charged?
A marijuana DUI charge can have consequences beyond the criminal case, including potential driver’s license consequences. PennDOT lists DUI involving alcohol or controlled substances among offenses that can result in driving disqualifications in certain circumstances. If you’ve been arrested or charged, avoid assuming that a positive test automatically means your case is over. The circumstances surrounding the stop, investigation, testing, and arrest all matter. An experienced Pennsylvania DUI defense attorney can review the evidence and explain the options available in your particular case.
Don’t Assume You Have No Defense Because of a Positive Test
One of the biggest misconceptions about marijuana DUI cases is that a positive test automatically proves a driver was impaired. Pennsylvania’s DUI law is more complicated than that. The specific subsection charged, the substance involved, the test results, and the other evidence can all affect the case. If you are facing a marijuana DUI charge in Pennsylvania, getting legal advice early can help you understand what you’re actually being accused of and what evidence the Commonwealth has to support that allegation. Contact The Travis Law Firm today for a confidential consultation and take the first step toward protecting your future. Call (814) 277-2222 or (814) 455-3839, or use our online contact form to schedule your consultation. Protect your rights before it’s too late.