MARIJUANA DUI DEFENSE LAWYERS
Serving Erie, Edinboro, Crawford and rest of Northwestern PA
Why You Need a Marijuana DUI Lawyer
In Pennsylvania, a person is guilty of a DUI if he/she drives with:
- any amount of a schedule 1 controlled substance under the Controlled Substance Act in their blood;
- with a metabolite of a schedule 1 substance in their blood;
- under the influence of a drug or combination of drugs to a degree which impairs their ability to safely operate a motor vehicle;
- under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs one’s ability to operate a motor vehicle safely.
What is the Legal Limit in Pennsylvania?
The law states in Pennsylvania, when marijuana is involved, a level of one nanogram per milliliter of marijuana or its metabolites in the driver’s blood, by volume, will conclusively establish that the driver is under the influence. (75 Pa. Con. Stat. § 3802.) (45 Pa. B. 3638)
What is a Metabolite?
When a person uses marijuana, it releases several substances into the blood stream. The “active” component, known as THC (the stuff that causes the “high” or “stoned” feeling) works its way out of the blood in a very short time, usually less than a few hours. The “metabolites” (the stuff that your body turns the drug into) can stay in the system for days, or even weeks.
What this means is that a driver in Pennsylvania who has used marijuana days or weeks prior, and who has their blood tested on suspicion of DUI, may be charged with DUI. If certain amounts of the “metabolite” remain in the driver’s blood, that person will likely be charged with DUI, even if there is no evidence that the person was under the influence at the time.
Penalties for Driving Under the Influence
Penalties vary according to whether the offense is a first offense or a subsequent conviction. The penalties increase for each prior offense in the past ten years (look back period). In addition to the penalties described below, the judge may order participation in a drug or alcohol abuse treatment program, a victim impact panel, and community service. (75 Pa. Con. Stat. § 3804.)
- First conviction.
A defendant may face a fine of between $1,000 and $5,000, between 72 hours and 6 months in jail, and a 12 month driver’s license suspension. - Second conviction.
Penalties include a fine between $1,500 and $10,000, between 90 days and 6 months in jail, and a 18 month driver’s license suspension. - Third and subsequent convictions.
Penalties include a fine ranging from $2,500 to $10,000, at least one year in prison, or up to 5 years of incarceration; and license suspension for at least 18 months (to begin after release from prison).
Contact Our Marijuana DUI Defense Lawyers
If you or someone you know is charged for a Marijuana DUI, or any other drug related crime, the attorneys at The Travis Law Firm can help. The laws in DUI and drug related offenses are extremely complicated, and you should not face the legal system alone. Contact us today for a no charge free consultation with Attorney Grant C. Travis today.
Pennsylvania COVID-19 Stay at Home – Tips From Our Erie Injury Attorney
Pennsylvanians in 33 counties have been on a stay-at-home order since March 23. As of April 1, 2020, all 67 Pennsylvania counties went under a mandatory stay-at-home order. When announcing…
Three Things You Need to Know After Being Injured in an Erie DUI Accident – Dram Shop Claims
Even with all the education about the dangers of drunk driving, thousands of people continue to sustain injuries or die because of drunk drivers each year in the United States.…
What To Expect When You File a Pedestrian Accident Claim in Erie?
The number of pedestrians killed by motor vehicles has increased in recent years. According to the Governors Highway Safety Association (GHSA), 2019 preliminary numbers appear to indicate that it will…
* THE TRAVIS LAW FIRM, P.C., only handles cases involving Personal Injury, Wrongful Death, Workers’ Compensation, DUI, and Criminal Defense.
FREE CASE REVIEW
ERIE'S
GO-TO LAW FIRM
Contact our experienced local attorneys to get the aggressive legal help you need.
- Personal Injury Cases
- DUI Defense Cases
- Criminal Defense Cases
5 STAR REVIEWS
Amy M.
"I would Highly recommend Attorney Travis. He and his staff very friendly and professional. I was quite concerned over my case, Attorney Travis took the time to explain everything to me and made me feel confident he could help me. Everything worked out great. I really appreciate his personal and professional help."
Dustin S.
"Highly recommend Grant Travis and his staff. The best decision I’ve ever made was to hire him to represent my case. The knowledge and professionalism of Grant and his staff is top notch! You will not go wrong chosing him to represent you! Thanks again Grant!!"