With the advent of Marijuana Legalization for Recreation in other states, and for certain medical conditions here in Georgia, more citizens are at risk of a DUI arrest for legally using Marijuana.  Many DUI arrests (both alcohol and drug based) occur where there is only a marginal case for DUI, and little evidence exists that the defendant was actually less safe to drive.  These kinds of cases are ripe for a Motion to Suppress based on a bad traffic stop, insufficient Probable Cause for arrest, and other constitutional defenses; however, you generally need to hire a quality DUI defense attorney to successfully resolve even a constitutionally impermissible or marginal charge of DUI.  No quality attorney comes cheaply, and court appearances can mess up your work schedule, so the best way to avoid the headache of dealing with a DUI charge is to avoid being charged in the first place!

Under Georgia law, the mere presence of any amount of Marijuana in your system while driving is not sufficient on its own to support a DUI conviction.  However the presence of Marijuana on a state administered chemical test pursuant to a DUI arrest has a tendency to embolden prosecutors and officers who wish to prosecute you for DUI by proving that you were less safe using the chemical test in addition to evidence such as the officer’s testimony regarding your driving behavior, demeanor, and performance on Standardized Field Sobriety Tests (which inject a great deal of subjectivity into the perception of how intoxicated you were).  Even if you consumed Marijuana pursuant to a valid prescription here in Georgia, or visited Colorado or another “recreational use” state, you cannot legally drive while impaired, and as a practical matter in Georgia, if you have any amount of Marijuana in your system when arrested for DUI, the dismissal of your case is not a routine matter, and you need an experienced DUI defense attorney to protect your rights.

If you have used Marijuana legally, please keep the following in mind:

How long can Marijuana stay in your system?

The length of time Marijuana can stay detectable in your system for blood or urine testing is dependent on a variety of factors:

  1. How frequently and heavily you have used Marijuana.
  2. The amount of THC contained within the specific Marijuana used.
  3. Your specific metabolic breakdown rate of the chemical.

It is possible for Marijuana to be detectable in your urine for well over a month after you last used.  You could in theory be arrested and charged with DUI based on something frivolous, such as failure to maintain lane, and bloodshot eyes from a night without sleep or after crying from an argument, agree to a urine test, and have Marijuana that you used a month ago show up in the test results!  You can imagine that many prosecutors and law enforcement officers would take that as confirmation that you were in fact DUI, and attempt to prosecute you aggressively for a crime you did not commit!

CategoryCriminal Law
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