Criminal Defense Lawyer, DUI-DWI Attorney, Matthew J. Ruff
Southern and Central California
Toll Free (877) 213-4453
Marijuana DUI Charges
In California, a DUI can occur one of two ways. The first is when a person has been consuming alcohol and is too impaired to drive or has a .08 % or more of alcohol in his blood. The second and far less common is when the individual has ingested some drug such as marijuana and the ingestion of that marijuana has impaired the person's ability to drive a motor vehicle. No particular concentration of cannabis in the person's blood is required, unlike that for alcohol. Typically the police officer will testify to a variety of objective symptoms of impairment in order to justify the arrest and prosecution for "driving while stoned". Drug cases, and in particular marijuana, present a host of issues in the criminal case due to the lack of scientific correlation studies on impairment related to the operation of a motor vehicle. In many cases a Lawyer knowledgeable with marijuana criminal driving under the influence charges and its legal aspects can defend a person charged with the crime of DUI.
The standard test for a marijuana DUI is a urine test. In California ordinarily a person arrested for driving under the influence will be required to submit to either a breath or blood, however when drugs such as marijuana are suspected the choice is limited to blood or urine. Because most people will choose to pee in a cup over having a sharp needle stuck in their arm, the most common test seen is that of urine. Problems can come into play with marijuana urine tests. The most often asked question is how long does marijuana stay detectable in a persons urine?
It is fairly well accepted in the scientific community that marijuana metabolite (a breakdown product) is detectable in urine for an extended period of time compared to other drugs. Initially, it is important to define what is meant by marijuana metabolite. Ordinarily this term refers to a specific breakdown product of marijuana called delta-9-carboxy-tetrahydrocannabinal (otherwise known as THC). What is crucial to understand in the context of DUI prosecutions is that carboxy THC is not psychoactive and has no effect on ones physical performance or ability to drive an automobile safely. Carboxy THC is an oily substance that accumulates in a person's body fat over time after marijuana ingestion and is slowly released into the blood and excreted into the urine as a waste product. This is the primary reason why carboxy THC is detectable in the urine for extended periods of time compared to that of other drugs and their metabolites. Since the effects of marijuana seldom last beyond several hours, the presence of carboxy THC in the urine sample collected after an arrest for DUI does not necessarily prove that the individual was "under the influence" or impaired by the marijuana at the time of driving his or her motor vehicle.
How long the THC will stay in a person's system and be detectable by a urine test depends on many different factors. How frequent the person ingests marijuana, how sensitive the test is, and the recency of the consumption all come into play. Recent scientific studies in the area have revealed that the smoking of a single marijuana cigarette can stay in a person's system from one to sometimes three days. Other studies have shown that heavy smokers of marijuana (daily use for six months or more) can show positive for THC in their urine for up to two months after the last consumption.
To combat this problem the police, in recent years, have began implementing DRE programs. DRE stands for "Drug Recognition Examination" the process involves a multi step approach of field evaluation. The object of the DRE is to detect and identify specific drug impairment of the driver arrested for a DUI. Marijuana and other drugs are purported to be detectable using the process. However, the examination is not as accurate as the police claim and the DRE is often not performed in the correct manner. The DRE evaluation takes about 30 to 40 minutes to perform correctly. Although some Courts have ruled the procedure admissible in a criminal prosecution, many attorneys and legal scholars have argued the contrary.
In Conclusion, you can see how marijuana can stay in a person's system for one day and up to 2 months depending on the potency, and frequency of ingestion. however since what is at issue in a DUI or driving under the influence prosecution is whether the person is at that time impaired by the drug, these factors can create significant defenses if handled by an experienced attorney familiar with this area of the law. Attorney Matthew Ruff has defended hundreds of these types of DUI cases throughout the state of California with exceptional results. It is important to act quickly to obtain vital information necessary for a proper legal defense when charged with marijuana DUI. For example, having the sample re-tested, making motions to exclude the test, challenging the constitutional aspects of the stop,and arrest are all possibilities in these cases. An attorney is also crucial to ensure your license is not suspended by the DMV.
Our office has an unparalleled track record in criminal cases where DUI is alleged due to the ingestion of marijuana alone. Call us today for a complimentary consultation directly with the attorney who will defend your case. Toll Free at 1-877-213-4453
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