Marijuana DUI Lawyer in Virginia

Other penalties, such as participation in the Virginia Alcohol Safety Action Program (VASAP) and installation of an ignition interlock device on the driver’s vehicle, may also apply. But, since this is a Class 1 misdemeanor offense, a Virginia criminal lawyer may fight for a suspended jail time if there aren’t any aggravating factors. That’s why hiring a skilled Virginia marijuana DUI attorney can be crucial.

Facts About Marijuana

The active ingredient in marijuana is THC. Unlike alcohol, which metabolizes quickly and will only show up in a chemical test while you are impaired, THC remains in your body for several days, or possibly even weeks, after it is smoked or ingested.

This means that a chemical test may be positive for THC even if you consumed marijuana three or four days ago. Because of this, standard field sobriety tests, breath, blood, and urine tests designed to determine whether you are impaired and under the influence of alcohol, are not necessarily reliable for someone who has used marijuana. In addition, Virginia law does not state how much THC must be in your system for you to be considered impaired.

So, any amount found through a chemical test constitutes DUI. In other words, you don’t actually have to be “under the influence” to be arrested for driving under the influence of marijuana.

How Does Law Enforcement Prove a Marijuana DUI?

To be charged with a marijuana DUI, law enforcement must prove that a driver is under the influence of marijuana to the degree that they can’t follow the rules of the road and operate a vehicle safely. Just as with alcohol, their focus during a traffic stop is to document, through both observation and standard field sobriety tests, the driver’s coordination, judgment, and reaction times.

Were you following all traffic laws…stopping at stop signs and red lights, using your turn signals, and yielding to pedestrians? Did you stay within your driving lane on the road? Did you exercise the appropriate caution when driving? This is all very subjective and inconclusive.

If the officer smells the odor of marijuana, they will also question you about your use and when you last consumed weed. It is in your best interest to remain silent and not discuss or try to explain your marijuana use with the officers. By doing so, you’re only helping law enforcement make their case by giving them first-hand evidence of marijuana use that may be used against you.

Regardless of whether you were consuming marijuana before driving or even that day, after speaking with the police and voluntarily taking the field sobriety tests, you will most probably be arrested for suspicion of DUI.

Are Marijuana DUI Cases Different Than Alcohol-Related Cases?

In alcohol-based cases, police can prove that someone was under the influence of alcohol by showing that they had a blood alcohol concentration of 0.08% or more. In drug DUI cases, the government must rely on the testimony of the arresting law enforcement officer or an expert witness. They can testify that the amount of marijuana found in the individual’s blood was so high that they were impaired to drive a motor vehicle.

However, a marijuana DUI case must be proved beyond a reasonable doubt. So, when the arresting officer suspects impairment due to drugs, they may obtain a warrant for a urine or a blood test to prove their suspicions.