We often hear cops say things like, “if you plead guilty, the judge will go easy on you.” Unfortunately, this saying is a farce, especially when you’re accused of driving while under the influence of marijuana (called a DUID charge.) Today, we will talk about three reasons why marijuana DUIDs are hard to convict.
1.No Standard Test
Police forces across the country have yet to identify a test that can undoubtedly prove someone’s inability to drive while stoned. Research proves that a person’s reflexes are hindered by smoking marijuana, but someone who is high can potentially pass sobriety tests despite being under the influence. Therefore, there is no legal standard for testing someone’s impairment while high.
2.No “Illegal Limit”
Police will test people’s blood alcohol content (BAC) to prove they were intoxicated while driving. If someone’s BAC is over the legal limit of 0.08%, they will most likely be charged for a DUI. However, there is no “legal limit” for smoking weed and driving.
In certain circumstances, the police can draw blood to show that someone was driving while stoned; however, prosecutors have a hard time connecting THC levels and marijuana DUIDs. Why? Because THC can show up in blood tests days after smoking weed. Therefore, prosecutors can’t prove that the THC in your system meant you were high at the time of your arrest.
Prosecutors have a hard time proving that people are high when they drive due to the two points mentioned above. If cops don’t have a way to test someone’s level of impairment, and if labs can’t prove impairment using THC counts, what evidence do prosecutors have to prove guilt without a reasonable doubt? The reality: they often can’t!
As you can see, there are clear and valid reasons for fighting marijuana-related DUID charges. If you or a loved one are charged with a DUID, Scott Monroe Law can help you fight for your case!
Call (904) 474-3115 now for a free consultation concerning your charges!