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How Does Marijuana Affect Your DUI Case?

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How Does Marijuana Affect Your DUI Case?

Many people who take street level drugs, such as marijuana, cocaine, and ecstasy can be prosecuted for DUI in their jurisdiction if they are impaired by the substance. Remember, in your state or jurisdiction there are different rules. Usually the government is required to prove that you were driving under the influence of alcohol or a controlled or an illegal substance like marijuana, cocaine, or ecstasy. If you ingest that drug to the extent that your normal factors are impaired, you may be convicted for it. 

However, the government still has the burden of proving the following two things:

1.    That you have ingested a controlled or illegal substance. 
2.    That you were impaired by that substance.

For example, marijuana may stay in your system for up to 30 days after smoking it. If a subsequent urine test comes back positive for marijuana or THC that does not necessarily mean that you were under the influence of that substance at the time the urine sample was taken. For example, marijuana stays in your system for 30 days, so if you show positive for a marijuana screening at the time of your arrest, that does not necessarily mean you were impaired by marijuana. Most lab tests just show the presence of marijuana. They do not quantify how much marijuana was in your system. 

If your DUI or DWI case is based solely on ingestion of marijuana, remember the following two things:

1.    The government still has to prove that you were under the influence to the extent that you were impaired at the time you were driving.
2.    The mere presence of marijuana does not necessarily mean that you are guilty.
 

The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in ClearwaterTampaBradentonSpring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.

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J. Kevin Hayslett

Kevin Hayslett, Esq.

J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.