Law Offices of Jess C. Bedore III - Certified Specialist in Criminal Law
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Proving marijuana intoxication is difficult for prosecutors

While you may think of drunk driving as only being a term used when someone drinks alcohol and gets behind the wheel, it can also refer to people who are intoxicated with other substances. Drunk and drugged driving both fall under the DUI or DWI charges you could face if you're intoxicated when you drive.

One thing that is interesting in science today is the difficulty of testing individuals for the use of marijuana before they get behind the wheel. A May 3 news report discussed how it's very difficult to accurately determine how impaired someone is after taking marijuana. Some people may have little or no impairment when others are significantly impaired due to the way the body metabolizes the drug.

For someone accused of driving while high on marijuana, this is good news. Your defense attorney can argue that you were not actually intoxicated at the time of an accident. Additionally, because marijuana can stay in a person's system for days or weeks, your attorney could even argue that you hadn't had the drug for a period of time even though you tested positive.

Prosecuting a DUI case against someone who was smoking marijuana is difficult because the prosecution needs to prove to the judge or jury that the individual was intoxicated to a point that driving was dangerous and negligent. Field sobriety tests can help, but even those aren't foolproof.

Your attorney can help you defend yourself if you face charges after a collision. Driving intoxicated is dangerous, but it's not fair to face charges for something you didn't do or for an alleged action that did not affect your ability to drive.

Source: CBS Local Sacramento, "Science Lagging When It Comes To Determining Marijuana DUI," Drew Bollea, May 04, 2017

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