Fredericksburg Marijuana DUI Penalties

Driving while impaired, whether it is from alcohol or drugs, is a serious offense that is going to result in harsh consequences. If you are facing Fredericksburg marijuana DUI penalties, seek the services of a well-trained defense lawyer today. In a marijuana DUI case, the prosecution has to prove that you were under the influence of some type of self-administered intoxicant to the point where your driving ability was impaired. An attorney could work tirelessly to poke holes in the prosecution’s theory to ensure that you are getting the defense you need.

Marijuana DUI Charges

When someone is caught with driving while impaired on the suspicion of marijuana, law enforcement is not going to charge the individual with possession if it is just in their system. However, if the individual has marijuana in their car when they are pulled over, they will probably be charged with a DUI and possession, even if the officer does not have reason to believe that the individual was even mildly intoxicated.

The DWI statute in Virginia states that a person is under the influence when a drug impairs to drive their ability to drive or operate any motor vehicle safely. Unfortunately, this statute is very ambiguous.

Issues with Marijuana DUI Offenses

There are no studies that definitely say at what point marijuana in somebody’s system impairs their ability to drive or operate a vehicle safely. Defense attorneys have been fighting this issue and they almost always require an expert to talk about whether or not an individual is going to be impaired to such an extent that they violate the statute simply by smoking one or two joints, or at what level of marijuana in their bloodstream is going to impair that particular individual.

These are issues that defense attorneys get into all the time with these types of trials, simply because there are no scientific studies. At least for an alcohol DUI, there are studies that are nationwide and that use 0.08 as the point of impairment, which is the benchmark for which an individual can use to establish the person is impaired.

With marijuana, there is no test to determine if the person is impaired or not. When sobriety tests were created, they were only created to determine whether or not there was alcohol in the person’s system, not whether or not they could operate a motor vehicle.

Consequences Associated with a Marijuana DUI Charge

Marijuana DUI penalties in Fredericksburg include:

  • Up to 12 months in jail
  • Up to a $2,500 fine
  • One-year driver’s license suspension
  • Six months of having to use an interlock device
  • Completion of the VASAP (Virginia Alcohol Safety Action Program)
  • Collateral consequences that are associated with a DUI as well, even if it was not alcohol-related

How an Attorney Could Help

When you are facing Fredericksburg marijuana DUI penalties, it may be in your best interests to seek the services of a lawyer. Due to the dubious science associated with marijuana DUI tests, you need an attorney who can debunk that science and stand up for your rights.

Marijuana DUI charges and alcohol charges are completely different, which means it is essential that you hire a lawyer who is knowledgeable about marijuana DUI charges. Call today to schedule a consultation.

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