Maryland Marijuana DUI Lawyer
A Maryland marijuana DUI lawyer is here to help individuals during a drug-related intoxication issue. Marijuana laws have changed slightly. Anything less than 10 grams is considered a civil citation for a person 21 years of age or over. More than 10 grams is considered possession which is punishable by one year in jail. Penalties increase for large possession and possession with intent. In Maryland, a law enforcement officer is always cognizant about the basis for the stop and further investigation of marijuana inside a vehicle or on a person. If you are experiencing charges for a marijuana DUI, contact a qualified Maryland marijuana DUI lawyer today.
Types of Charges for Marijuana DUI
The officer can write a person citations for driving under the influence, driving under the influence of drugs and/or alcohol, and driving under the influence of drugs. The citations carry penalties of one year in jail and a $1,000 fine, or 60 days in jail and a $500 fine. There are some payable citations for negligent driving and reckless driving. The penalties depend on whether the person was charged under Transportation Article 21.902 (c) or (d) or any other citations under the TA 21-902 Section.
Marijuana DUI Cases vs. Alcohol-Based Cases
The DUI and DWI laws came about because the public realized that people under the influence are a danger on the road and a danger to the public. Over time, blood alcohol content was adjusted from a 0.15 to 0.10 or 0.08. If someone is under the influence of marijuana, their alcohol reading should be 0.0. When someone does not show impairment by alcohol, the officer needs strong facts to suggest that they are under the influence of marijuana. That does not mean the person smoked marijuana, smoked it recently, or sometime in the last 30 days because the marijuana is in their system. The officer must be able to prove that in the current situation, the person is under the influence.
DRE experts can testify that they believe someone is under the influence of drugs but they are unable to scientifically identify which drug and at what level. Unlike alcohol, there is no standard chemical test for marijuana. Talk to a Maryland marijuana DUI lawyer for more information.
Evidence in Marijuana DUI Cases vs. Alcohol DUIs
The blood test is important and gives more of an indication that there is a drug in a person’s blood. When trying to determine what is psychoactive at the time of the stop, law enforcement must determine how the drug influences the person’s behavior, how it impairs them. That is a scientific argument that is proven through DRE experts who claim that someone is under the influence.
These cases are becoming much more prevalent because marijuana is slowly turning towards becoming a legal substance. Alcohol is legal as well when the person is above the age of 21. It is the substance in the person’s system and the impairing nature of that substance that makes it an illegal act.
The states rely heavily on DREs to testify on the standard field sobriety tests. The DRE is more effective in identification by going through the standardized 12 step evaluation. The evaluation is physical and mental as much as it is medical that includes looking for a pulse, the body’s temperature, and the blood test, although a person can refuse.
Hiring a Marijuana DUI Lawyer
A person should immediately hire a marijuana DUI lawyer when they are cited for impaired or under the influence driving. As with any DUI, an allegation or citation that suggests a person is an impaired driver or an under the influence driver can be devastating if the person is convicted. They could lose their driver’s license. If the person keeps their license, their insurance rates go sky high. If the person’s license is restricted or removed, they lose their ability to get to and from work and Maryland does not have reliable public transportation.
If a person wants to get the most effective representation from an attorney, they want an attorney who is familiar with the DRE and the 12-step evaluation. The attorney needs to understand why the evaluation is done, how it is done, what it assesses, and how it assesses. The person wants an attorney who has a background in the blood sampling and blood evidence in a DUI case.