Proving Colonial Heights Marijuana DUI Cases
Marijuana-based DUI cases have essentially the same procedure that alcohol-based DUI cases do. Prosecutors are tasked with proving Colonial Heights marijuana DUI cases. That means that the prosecution works diligently to collect evidence that helps prove their argument. It is important to retain the services of a legal advocate that could work to disprove the prosecution’s case. An experienced DUI lawyer could dispute the prosecution’s case while building a solid defense for you.
Charges for a Marijuana DUI Offense
The charges a person is going to face for a marijuana DUI are exactly the same as the charges are for an alcohol-based DUI. It is a Class 1 misdemeanor that carries the maximum penalty of 12 months in jail and a fine of $2,500. If someone is caught on a second DUI within five years, that is still a Class 1 misdemeanor. However, the mandatory time someone is going to serve is going to start at 10 days. Law enforcement cannot take a BAC in these particular cases, so the mandatory time is not going to be based off of a blood alcohol concentration. The mandatory time a person may serve can be based off of the number of DUIs and the timing of them. With a first offense, no mandatory time; a second offense, mandatory 10 days; a third offense is going to have mandatory 30 days. Once someone hits a third offense within five years or a third offense within 10, they will face a felony offense and, with that felony, mandatory six months in jail if it is a third within five or 90 days if it is a third within 10.
Difference Between Marijuana Based DUIs and Alcohol Based DUIs
The main difference between marijuana DUI cases and alcohol DUI cases is that proving Colonial Heights marijuana DUI cases is harder because it relies so heavily on the individual ultimately assisting the officers in their own conviction. With alcohol-based DUI, there is the smell of alcohol, a high BAC, and tests that can lead to a person’s conviction without the officer having to rely on information from the individual as much. With marijuana and other drugs, it is harder for the officer to prove intoxication because there is no clear test.
A marijuana DUI case is going to rely heavily on defendant participation, meaning that officers will try to get a lot of their information from the individual themselves, and that will constitute most of the investigation into the case. This makes these cases harder to prove than alcohol-based DUIs.
Elements the Prosecution Must Prove
In a marijuana DUI case, the prosecution will prove first, that the person was operating a motor vehicle. They do not have to be driving their car. If the keys are in the ignition, there is case law that says that counts as operating a motor vehicle for the purpose of a DUI. Secondly, they have to prove that the person had the substance inside of their system while simultaneously operating the motor vehicle. Lastly, they must prove that the person had enough of the substance inside of their system that it impaired their ability to operate the motor vehicle. If someone smokes weed every day and, on the day that they were arrested they were not smoking marijuana they could still test positive for marijuana. However, that does not necessarily mean that the person was actually intoxicated at that time. When proving Colonial Heights marijuana DUI cases, the prosecution has to show that the accused had the substance in their system while they were operating the vehicle.
Value of a Colonial Heights Marijuana DUI Attorney
Whenever a person is dealing with any kind of crime, no matter it is, they are going to want to hire a lawyer who is experienced in that area and has handled that type of situation before so they could ultimately give them the best advice regarding possible plea deals or methods for having the case dismissed. That is the value of an experienced lawyer. Furthermore, an attorney may understand what goes into proving Colonial Heights marijuana DUI cases and could anticipate what the prosecution’s next steps might be. If an individual has been charged with a marijuana DI offense, they should speak to a skilled marijuana DUI attorney that could advocate for them.
