Barry County Marijuana DUI Lawyer

While driving under the influence of marijuana is illegal in the state of Michigan, medical and recreational marijuana laws may be confusing. Contrary to an alcohol-based DUI offense, there is no immediate definitive measure of marijuana impairment.

Given the unique natures of these cases, getting advice from a Barry County marijuana DUI lawyer can help protect your interests. Ambiguities in the relevant laws may lead to evidentiary problems and inconsistencies in law enforcement procedures. Having an experienced criminal defense attorney protect your rights and guard against irregularities in criminal proceedings can make a difference in the outcome of a case.

The legalization of recreational and medical marijuana legalization has little effect on drug-related driving offenses. Drivers who operate a motor vehicle with any amount of a Schedule I controlled substance in their bodies, which could include marijuana, violate Michigan Compiled Laws § 257.625(8) and may face misdemeanor charges.

While operating while intoxicated (OWI) violations based on alcohol consumption require a certain blood alcohol concentration (BAC), or measurable level of impairment, there is no minimum amount of Schedule I drug impairment required. Even trace amounts could lead to an operating with the presence of drugs conviction, or OWPD. Many people refer to OWPD a “zero tolerance” law due to the harshness of the statute. A marijuana DUI attorney in Barry County can advise on potential defenses to these charges.

Drivers who are registered medical marijuana cardholders are permitted by law to use or ingest marijuana. This makes marijuana-related driving charges for a legitimate medical marijuana user far more complicated. The standard of proof is typically different for these individuals, meaning that there must be evidence of impaired driving ability for a conviction.

Any drivers who operate a motor vehicle while impaired by marijuana, alcohol, other controlled substances, or any intoxicating substances, commit operating while visibly impaired (OWVI), pursuant to Michigan Compiled Laws § 257.625(3). It may be difficult for an officer to measure impairment and prove that it is solely or partially attributed to marijuana usage.

Visible impairment is potentially measurable by field sobriety tests and observations of police officers. These measures are very subjective and it is often difficult to discern whether marijuana is the cause of implied impairment. Because of the complexity of these issues, getting advice from a marijuana OWVI attorney in Barry County could be advantageous. A dedicated legal advocate could help build a defense or determine whether the police used the proper procedures when testing for sobriety.

The potential penalties for OWI, OWPD, and OWVI, tend to be very serious. A loss of driving privileges, high costs and fines, and even ineligibility for certain careers may result from a marijuana DUI conviction.

It may be wise consult a Barry County marijuana DUI lawyer as soon as charges are brought against you. Legal counsel may be able to help you develop an effective and successful defense strategy based on the unique facts of your case. Getting clear advice about your legal options and the potential defenses available could be the key to positively resolving your case. Get in touch with a focused marijuana diving intoxication attorney today to begin working on your defense.