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.
Asking for a Lawyer at a DUI Stop
Asking for a lawyer at a DUI stop may not be granted. The difference between being stopped for drunk driving or caught in a DUI stop is that the individual is not always arrested on the spot or read their Miranda Rights. However, in many instances, the police officer does not need to question the person and relies on evidence such as what is recorded on a dash cam.
At the scene, the officer may record dialogue they had with the suspected drunk driver, his or her actions when tested to show an elevated alcohol level or a Breathalyzer test is administered. The officer does not need to read the Miranda Rights to do these.
Six Criminal Defense Myths
Over time, myths develop in any discipline, including criminal law. Some of these myths might even be harmful and cause significant pain if taken seriously. In fact, they can affect the outcome of your case and make things more stressful for the accused and their family. Let’s take a look at some common myths associated with criminal law.
Is Insurance Coverage Important in a Personal Injury Case?
Insurance coverage is an important factor in a personal injury claim, especially in Pennsylvania. In the first place, Pennsylvania is a no-fault state. Second, knowing that insurance coverage is available makes it reasonably certain that if a case is resolved in your favor, you will be paid. Without this coverage, an injured party may have to pay for all damages out of their own pocket. Since this is impossible for many people in the state, we need to become familiar with the types of and need for insurance coverage.
* THE TRAVIS LAW FIRM, P.C., only handles cases involving Personal Injury, Wrongful Death, Workers’ Compensation, DUI, and Criminal Defense.
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