Marijuana and DUI: Legal Defense in Changing Times

Impaired driving is a commonly committed traffic offense. The term “under the influence” refers to any degree of impairment in a person’s ability to safely perform a task due to the use of drugs like marijuana, alcohol, or a combination of both.

A DUI charge can have serious consequences. In these cases, seeking legal representation is always a good idea. Contact the Law Office of  Matthew V. Portella, LLC  to discuss a  defense strategy from our attorney.

Marijuana DUI vs. Alcohol DUI: Key Differences

New Jersey treats marijuana DUI like alcohol DUI and it falls under a traffic violation. While both marijuana and alcohol can impair driving, their detection methods differ.

Breathalyzers are a standard tool for measuring Blood Alcohol Content (BAC). A BAC above a legal limit (typically 0.08%) is considered evidence of impairment. However, there’s no established legal limit for THC (the psychoactive compound in marijuana) in New Jersey. Unlike a breathalyzer for alcohol, there’s no equivalent quick roadside test for marijuana intoxication.

Law enforcement may rely on field sobriety tests, observations of behavior, or blood/urine tests to assess impairment. However, these tests can only detect the presence of marijuana, not necessarily current intoxication.

Penalties for DWI in New Jersey are similar regardless of the substance. These can include license suspension, fines, mandatory education programs, and the requirement to install an Ignition Interlock Device (IID) on your vehicle. The severity of penalties increases with repeat offenses.

Challenging Marijuana DUI Cases: Blood Tests, FSTs, and DREs

Due to the specifics of marijuana DUI cases in New Jersey, lawyers employ different strategies to contest marijuana-related DWI charges.

The first and foremost challenge is that THC presence doesn’t guarantee recent use or impairment. Levels of THC tend to peak quickly, then rapidly decline. By the time the person is arrested and tested, evidence of THC may be gone.

• Blood and urine tests for marijuana can be vulnerable due to potential errors in how they’re administered or stored. These errors can create reasonable doubt about the test results’ accuracy. DUI attorneys can raise doubt about the prosecution’s evidence.
• Field Sobriety Tests (FSTs) aren’t designed for marijuana intoxication and may not accurately reflect impairment. DUI lawyers can argue that the tests are subjective and unreliable for marijuana and that the driver’s performance doesn’t indicate impairment.
• Drug Recognition Evaluator (DRE): These evaluations rely on subjective observations by officers and can be challenged. Unlike breathalyzers, DREs depend on officer interpretation, which can vary. Also, people process drugs differently due to different metabolisms, so signs used by DREs might not be due to intoxication.

Defense Strategies for Facing Marijuana-Related DUI Charges

A core defense strategy remains challenging the legality of the traffic stop itself. If the police lacked probable cause to pull you over, any evidence obtained afterward might be excluded from court.

To further improve client case defense, DWI lawyers can introduce expert witnesses who specialize in marijuana impairment or drug testing methods. Expert witnesses are usually scientific or medical professionals who can explain to a jury why an at-fault driver was not driving under the influence or explain alternative issues that may have been at play when they got arrested. Expert witness testimony can be used as part of a strong DUI defense.

Additionally, defense attorneys may challenge the officer’s observations of the driver’s behavior, question the validity of the stop due to faulty equipment, or argue for a lesser charge based on specific circumstances. While the consequences can be serious, a skilled DUI lawyer can identify key details in your case that can make a big difference.

Facing a Marijuana DUI charge in New Jersey? The law can be complex, but you don’t have to fight it alone. Contact the Law Office of Matthew V. Portella, LLC  today for a confidential consultation. Our experienced DUI attorney understands the challenges of marijuana DUI cases and will work tirelessly to defend your rights.