In Brunswick County and throughout Virginia, marijuana is considered an illegal substance. Possession of even a small amount of marijuana is a misdemeanor offense. Even if marijuana was legalized in Virginia it would still be illegal to drive while under the influence of it. Any substance that can cause intoxication could lead to a DUI charge.
Anytime someone is charged with a DUI and accused of driving under the influence of alcohol or drugs including marijuana, they should contact a seasoned drug DUI attorney as soon as possible. The earlier they hire an attorney, the more likely they are to be successful at trial. Let a dedicated Brunswick County marijuana DUI lawyer fight for you.
A marijuana DUI charge can lead to multiple charges. A person facing a marijuana DUI offense could be charged with DUI for being under the influence of marijuana. Also, they could be charged with possession of marijuana. Many people are surprised to learn that if someone has half an ounce or more of marijuana in Virginia, they could be charged with felony possession intent to distribute. Possession of marijuana more than half an ounce is presumed to be a felony offense. For more information, consult with a marijuana DUI lawyer in Brunswick County.
Alcohol DUI cases are based on a presumptive legal limit of 0.08 blood alcohol content. Alcohol can be tested in the blood. It can reliably be presumed that anyone with a BAC level of 0.08 is driving under the influence of alcohol. Marijuana is measured by the level of THC in someone’s blood. THC does not have a presumed limit because it is absorbed differently in each individual depending on body type, body fat percentage, specific individual chemistry, and marijuana use history.
A heavy user can withstand a higher THC limit in their blood without being intoxicated. It is a more subjective experience, and that can make it harder to prove that marijuana at certain THC levels that it is much more likely that someone is driving under its influence.
Evidence in marijuana cases often requires a toxicologist to explain the potential impairment effects of consuming marijuana at certain THC levels. A marijuana case likely relies on a blood test where alcohol is usually measured by a breathalyzer test. They determine whether someone is under the influence of a drug by a blood test. However, a well-versed lawyer could fight against this evidence and argue that it is not conclusive evidence that the driver was under the influence.
The prosecution needs to prove that the defendant was driving and they were driving under the influence of marijuana. That is the hardest part because just showing THC in someone’s blood does not prove they were under the influence of marijuana at that time.
THC can remain in the blood for a long time even at higher levels. Because everyone experiences THC’s effects differently at different levels, that makes it more difficult to prove the case beyond a reasonable doubt.
Marijuana DUIs can be complicated and often require a toxicologist to be present as an expert witness at the trial. An accomplished DUI attorney should be able to demonstrate that they are familiar with the specifics of marijuana DUI law. They need to be aware of the specific issues that come from an expert witness and how that could affect the possible outcome of the case, and what issues might arise during the trial.
If you are facing charges, call a Brunswick County marijuana DUI lawyer today.
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