When can you be charged with a marijuana-related DUI? - Marinaro Law - Lancaster, PA
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Home 9 Firm News 9 When can you be charged with a marijuana-related DUI?

Everyone knows about the perils of drunk driving. Everyone also knows that you can probably consume a drink or two and still be within the legal limit to drive. However, what about marijuana? Is there a “safe” amount of THC-containing products that you can consume before getting behind the wheel?

A zero-tolerance approach

Pennsylvania does not allow anyone who has consumed marijuana to get behind the wheel. The law is written in a way that allows for an automatic DUI charge for anyone who has a schedule I drug in their bloodstream.

In theory, you could have ingested a marijuana product two days ago. Today you need to drive somewhere. The police pull you over. They place you under arrest for suspicion of DUI. A blood test only shows the presence of THC. You’re charged with a DUI even though you haven’t been high for days.

What might cause the police to arrest you?

Obviously, the police aren’t going to have the results of a blood test when they pull you over. So how can they decide to arrest you for a marijuana-related DUI? An arrest will largely stem from subjective observations by the police. They may choose to make an arrest if:

  • You were driving erratically or weaving
  • There is a distinct odor of marijuana coming from you or your vehicle
  • They notice your eyes are bloodshot or your pupils are dilated
  • Your behavior leads them to believe you’re stoned

Driving under the influence of any drug is dangerous. However, Pennsylvania’s approach can ensnare drivers who are not at all impaired, including legal, medical marijuana users. You should discuss your defense options with a skilled legal professional if you’re charged with marijuana-related DUI.

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