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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.
Despite 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.
A 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.
A 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.
Facing 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.