Grand Rapids Marijuana DUI Lawyer
In Michigan, it is a crime to drive with any amount of marijuana (or THC) in your system. This is classified as a “zero-tolerance” crime, meaning the state does not need to prove that marijuana impaired your driving ability. Unfortunately, this strict approach can result in severe penalties, even if your driving was unaffected. However, being charged with an OWI (Operating While Intoxicated) in Grand Rapids-based on marijuana does not mean you are without a defense. Since the penalties for marijuana OWI are identical to those for alcohol-related OWI offenses, it is essential to explore every defense strategy available.
Issues With Determining ImpairmentUnlike alcohol, marijuana presents unique challenges when it comes to measuring impairment. According to DUI defense lawyer Manny Daskal:
- Metabolism Differences: Marijuana is not water-soluble like alcohol, so THC and its metabolites remain in the bloodstream much longer, even after the impairing effects have subsided.
- Scientific Gaps: Researchers have struggled to establish a reliable correlation between THC levels in the blood and driving impairment, making prosecution more complex.
- Compensatory Mechanisms: Studies suggest that marijuana users may compensate for impairment by driving more cautiously, further complicating the claim that THC causes unsafe driving behaviors.
Potential DefensesDespite Michigan's zero-tolerance approach, there are numerous legal defenses for marijuana-related OWI charges:
- Operation of the Vehicle: The prosecution must prove that you were actively operating the vehicle at the time of the alleged offense.
- Probable Cause for Arrest: Without valid probable cause, any evidence obtained during or after your arrest may be deemed inadmissible.
- Proper Testing Protocols: Blood samples must be collected, handled, and analyzed according to strict legal procedures. Any deviation can weaken the prosecution’s case.
- Challenge to Impairment Claims: A defense can argue that the presence of THC does not equate to impairment, particularly if expert testimony supports this claim.
Additional ConsequencesA marijuana OWI conviction can impact various aspects of your life:
- Driver’s License Suspension: Convictions may result in license suspension, limiting your ability to work or attend necessary appointments.
- Increased Insurance Rates: A conviction may significantly raise your auto insurance premiums.
- Employment Challenges: Certain employers may view a marijuana OWI as a serious offense, affecting your career opportunities.
Why Legal Representation MattersA skilled attorney specializing in marijuana-related OWI cases is essential for navigating the legal process effectively. An experienced lawyer can:
- Analyze Evidence: Review police reports, testing procedures, and other evidence for errors or inconsistencies.
- Build a Defense: Craft a tailored strategy to challenge the charges against you.
- Advocate in Court: Protect your rights and work to achieve the best possible outcome, whether through negotiation or trial.
Contact a Grand Rapids Marijuana DUI LawyerFacing a marijuana OWI charge in Michigan is daunting, but you don’t have to go through it alone. The Barone Defense Firm has a proven track record of successfully defending clients in marijuana-related DUI cases. We understand the science and legal intricacies involved and are dedicated to helping you fight your charges.
Contact us today for a free consultation and start building a defense that safeguards your future.
Client Reviews
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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
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Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
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The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.