Marijuana DUI charges are not quite as common as DUI alcohol offenses in Alexandria, Virginia, but they are somewhat common. Marijuana is widely in use in America. It is legal in Washington, D.C., Maryland, and several other states. There is high usage of it and people do drive after ingesting marijuana. Therefore, there are quite a good number of cases that are prosecuted as DUI drug charges.
However, these charges still appear less frequently than DUI alcohol. Those traveling through Alexandria should remember that marijuana is still very much criminalized in the state of Virginia. Should someone be pulled over and subsequently charged with driving under the influence of marijuana, they should call an Alexandria marijuana DUI attorney.
Officers are looking for two things when it comes to the level of impairment. The first thing is what they can observe, such as odor of marijuana, admission to smoking marijuana, bloodshot eyes, your ability to follow instructions and carry on conversations, and your coordination. Just common observation from statements and typical evidence is one way they determine impairment.
They also will take your blood if you are arrested for a drug-related DUI. They will send it off to the lab where an analyst from the Department of Forensic Science will test it. If they ascertain that there is marijuana in your system they will be able to show the percentage, and that is another way that they measure impairment – by the drugs in your system.
Though blood tests are evidence law enforcement officials can use to argue against someone in court, it is still possible for a drug DUI lawyer in Alexandria to argue against the evidence.
In Virginia, if certain drugs are in your system at a certain level it is considered a per se offense. A per se offense means even if you are not under the influence of the drug per se, if they reach a certain level in your system, you can be convicted of driving under the influence just based upon that alone. As far as marijuana is concerned, however, it is not one of the drugs that can trigger a per se offense.
The drugs that fall under the per se offense are cocaine, methamphetamine, phencyclidine, and one other drug called methylenedioxy-methamphetamine. So basically, those are the four types.
There is no per se offense for having marijuana in your system. With that being said, they will test your system for the presence of marijuana. If it is of a certain amount, they will have an analyst testify as an expert about what that level of marijuana in your system means in terms of impairment.
Basically, there is no sub-level that makes it a per se offense. However, the evidence of marijuana in your system can be used as evidence against you in trial.
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