Were Charged with DWI Marijuana? Here's How Your Defense Attorney Might Help

Although driving under the influence of alcohol is a fairly clear-cut charge, driving under the influence of marijuana is a much more complicated case for prosecutors to prove in court. This is largely due to the fact that there simply aren't any definitive tests to determine exactly how high you were when pulled over. Additionally, even in states where both recreational and medicinal cannabis is legal, there are still no guidelines for what constitutes how much cannabis consumption actually impairs driving.

If you were recently charged with driving under the influence of marijuana, then you must hire a local DWI attorney to defend you. While hiring an attorney will come with some cost, it's important you understand there are many different effective DWI defenses your lawyer can use to get your charges dropped or to prove your innocence to a jury. The most effective defense strategies are:

The Field Sobriety Test Results Didn't Prove Marijuana Impairment

Police officers are all trained to do field sobriety tests for alcohol impairment but not all of them are also trained to do field sobriety testing for marijuana impairment. While the tests have the same objective, the tests have different steps to prove which substance could be in the driver's system. If your lawyer can prove the wrong test was administered, then he can get you cleared of your case.

Laboratory Testing for Marijuana Wasn't Accurate for Date or Time of Use

Though standard laboratory tests are capable of determining if you have ingested or inhaled cannabis recently, they can't give any information about when that event was. This fact makes it nearly impossible for law enforcement to prove you were high at the time your car was pulled over via hard-and-fast scientific means.

In addition, people who consume large amounts of marijuana or THC extract products will have very different test results when compared to someone who has only used cannabis once or twice. However, the tests can't determine exactly what date or time either person used marijuana or THC-containing products. DWI lawyers working marijuana cases often successfully use the lack of accurate laboratory testing as a defense to get their clients off.

There Were No Probable Causes to Pull Your Vehicle Over

While it may seem like it, law enforcement officers are not permitted by law to pull you over just because they feel like it or because they have a hunch you might have committed a crime. By law, officers can only pull you over if they have probable cause to do so. 

If your DWI attorney can prove the arresting officer had no probable cause to pull your vehicle over in the first place, then they could get your DWI charges dismissed by the court.