Regardless of whether marijuana is legal, driving under its influence is illegal in every state. In Kansas, where marijuana is still illegal, individuals can be charged with a DUI if found driving under the influence of marijuana. Additionally, if they have any amount of marijuana on them at that time, they may also face possession charges.
When you face these charges, reach out to a seasoned DUI drug attorney immediately. A Manhattan marijuana DUI lawyer has experience defending these kinds of cases and could thoroughly examine the details of your arrest and all available evidence to craft a robust defense strategy.
Penalties for Driving Under the Influence of Marijuana
Under Kansas Statutes § 8-1567, a first-offense marijuana DUI is a class B nonperson misdemeanor. Possible penalties include:
- $750-$1,000 in fines
- At least two days in jail
- One year of probation
- A drug and alcohol evaluation, following recommendations for treatment
Evidence in Marijuana DUI Cases vs. Alcohol DUI Cases
In an alcohol-related DUI case, the prosecution typically looks for a per se violation of 0.08 percent or more blood alcohol concentration (BAC) in the accused person’s system. However, in a marijuana DUI case, the mere presence of marijuana in the accused person’s system is the primary factor; there is no per se violation for a certain amount of marijuana.
What Does the Prosecution Need to Prove in a Marijuana DUI Case?
The prosecution must demonstrate three things:
- That the accused person was driving
- That their driving was impaired by marijuana
- That there was marijuana in the person’s system at the time they were driving
Defense Strategies for Fighting Marijuana DUI Charges
One of the most common defense strategies a Manhattan DUI attorney can employ is challenging the validity and accuracy of the testing method used to detect marijuana in the driver’s system. Law enforcement uses two types of tests to detect marijuana in a person’s system: blood tests and urine tests. Blood tests measure the level of the active ingredient in marijuana, THC (tetrahydrocannabinol), and provide a more accurate assessment of a person’s impairment at the time of driving. In contrast, urine tests detect THC metabolites, which can remain in a person’s system for several weeks after use, even if they are not impaired while driving.
A proactive marijuana DUI lawyer in Manhattan could investigate to determine which type of test the police officers used in a specific case. If a urine test was used and only metabolites were detected in the accused individual’s system, the defense attorney could argue that the person was not impaired at the time of driving, possibly leading to charges being dropped completely.
Call a Manhattan Marijuana DUI Attorney Now
Driving under the influence of marijuana can have severe consequences, including jail time, fines, and a criminal record. Thus, you should not attempt to face a marijuana DUI charge alone.
A Manhattan marijuana DUI lawyer can help you fight back against your charges and will work tirelessly to achieve the best possible outcome for your case. Call today to get a dedicated legal professional on your side.