Pennsylvania Marijuana/Weed DUI Lawyer
DUI for Weed in PA
Legalizing marijuana is a concept that is gaining traction in the United States. More and more states are legalizing marijuana for medicinal purposes and certain states have legalized marijuana for any use. This is a trend that may continue — a number of states have pending legislation to legalize marijuana for recreational use. With these changes in marijuana laws there will also be an increase in Pennsylvania marijuana DUI arrests. If you are facing PA marijuana/weed DUI charges please contact our Montgomery County, Pennsylvania marijuana/weed DUI lawyers.
Pennsylvania Marijuana DUI Arrests
Perhaps not surprisingly, a byproduct of this momentum to de-criminalize marijuana has been a rise in marijuana DUI arrests. An early 2014 research study showed that fatal crashes involving marijuana DUI incidents have tripled over the last decade. The study concluded that if the trend continues, Drugged Driving may replace DUIs as the most typical charge in accidents involving deaths.
As a result, prosecutors and judges in Montgomery County, PA and other counties are cracking down on marijuana DUI arrests and aggressively enforcing mandatory minimum sentences. For anyone charged with a DUI for weed or any other drug in your system, it is important to hire an experienced DUI criminal defense attorney to protect your rights and options.
Like with a regular DUI, a first offense Drug DUI is a charge for which a person may be eligible for a first time offender’s program. This program, known in PA as the Accelerated Rehabilitation Disposition Program (ARD Program), enables a person to complete a period of probation and emerge from the incident with a clean criminal record. That is, after the ARD Program ends, you may go through the expungement process and have your criminal record expunged.
Attorney Erik Petersen has been defending those accused of DUI and drug crimes in Montgomery County for many years. Let him fight to protect your rights, reputation and driving privileges. Please feel free to contact our Abington, Pennsylvania marijuana DUI lawyers to discuss your case.
Marijuana “Drunk” Driving Defense
Defending a Pennsylvania Marijuana DUI case is different than a traditional DUI involving only alcohol. One complication is that marijuana can appear in a person’s blood for approximately a week after use. This means that a marijuana DUI arrest can occur well after the person is no longer truly “under the influence” of marijuana.
There has been talk about the police using roadside cannabis-specific breath testing — such as the roadside blood alcohol testing that is routinely performed — but police departments are not presently using such devices. In marijuana DUI cases, it is important as the lawyer to investigate whether the person ingested the marijuana far enough in the past that, even though it may appear in the blood, it was no longer was affecting the driver’s ability to operate a car safely.
If you are charged with a DUI or a Drug DUI, it is important to hire an experienced Montgomery County PA DUI defense lawyer so that you understand your rights and option and can be prepared to appropriate defend against the charges. Feel free to call my office or send us a secure and confidential e-mail.
Penalties For Driving Under The Influence Of Marijuana In PA
Driving under the influence of marijuana is punished under the highest tier of the general DUI for weed laws in Pennsylvania. That is, driving under the influence of any controlled substance (marijuana, any other illegal drug or even prescription drugs) is punishable the same as a DUI for someone with a blood alcohol content of 0.16 percent or greater.
The following chart sets forth a summary of the mandatory minimum sentences for DUI convictions in PA. Note the penalties for “Drug DUI” in the highest tier (the right hand column)
First Offense (DUI/Marijuana / Drug DUI)
|
Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
> 0.16% / DRUG DUI |
|
Minimum Sentence |
n/a |
2 days |
3 days |
|
Maximum Sentence |
n/a |
6 months |
6 months |
|
License Suspension |
n/a |
12 months |
12 months |
Second Offense (DUI/Marijuana / Drug DUI)
|
Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
> 0.16% / DRUG DUI |
|
Minimum Sentence |
5 days |
30 days |
90 days |
|
Maximum Sentence |
6 months |
6 months |
5 years |
|
License Suspension |
12 months |
12 months |
12 months |
Third Offense (DUI/Marijuana / Drug DUI)
|
Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
> 0.16% / DRUG DUI |
|
Minimum Sentence |
10 days |
90 days |
1 year |
|
Maximum Sentence |
2 years |
5 years |
5 years |
|
License Suspension |
12 months |
18 months |
18 months |
Fourth and Subsequent Offense (DUI/Marijuana / Drug DUI)
|
Blood Alcohol Content |
0.08 – .099% |
0.10 – .159% |
> 0.16% / DRUG DUI |
|
Minimum Sentence |
10 days |
1 year |
1 year |
|
Maximum Sentence |
2 years |
5 years |
5 years |
|
License Suspension |
12 months |
18 months |
18 months |
Pennsylvania Marijuana DUI Convictions and “Collateral Consequences”
People charged with a DUI — whether for alcohol or any drug — face PennDOT license suspensions. If you are also convicted of a crime under the “Drug Act”, such as possession of an illegal substance or possession with intent to deliver, you face an additional license suspension over and above the DUI license suspension. There are ways to avoid such an additional license suspension, such as by negotiating a Section 17 Probation which may be available for certain first-offense, minor drug possession cases.
It is important to understand how a DUI and/or drug arrest may affect your driver’s license and driving privileges. Please feel free to contact the Law Office of Erik Petersen to discuss your case.
Visit NORML’s page on PA drugged driving laws for more info.