Birmingham Marijuana DUI Lawyer

It is clear to most people that driving while under the influence of alcohol is a crime where you can be charged with a DUI or that can potentially land you in jail. What many people probably do not know, however, is that you can also be charged with operating while intoxicated if you are pulled over while driving under the influence of marijuana.

If you find yourself in this situation, you should contact a Birmingham marijuana DUI lawyer. A dedicated defense attorney can help a person’s case immediately.

Laws regarding marijuana can be found under the state laws. Similar to drunk driving or drugged driving, marijuana falls under the zero tolerance laws, despite technically being a Schedule II drug as it has somewhat recognized medical uses.

Without a medical card, however, marijuana is still considered a Schedule I drug and, therefore falls under the zero-tolerance policy. As far as driving under the influence of marijuana, it is treated just like any other drug or controlled substance.

While the State of Michigan has a medical marijuana law in place, that legislation technically does not legalize marijuana. The actual purpose of the law is to ensure that people who are in certain circumstances and are card-carrying members can avoid prosecution and arrest, but it does not legalize the use of marijuana. The card, however, has changed the standard from a mere presence of marijuana in their system to actual intoxication or impairment from THC.

The problem with smoking marijuana is that scientists have a limited understanding of how long the drug, or the active THC, remains in the person’s system, as opposed to alcohol. Because smoke can become cumulative, they can have a high operating level of THC in their system, even if they are using it legally for a prescribed purpose. They can still be considered over the limit.

Unlike a lot of states that have allowed recreational marijuana, there is no limit to the level found in their system established in Michigan. Most of the states which have legalized marijuana have instituted a cut-off level, over which someone is presumed high. In Michigan, the only issue is whether or not a person is intoxicated or impaired. Having a Birmingham marijuana DUI lawyer can help determine exactly what that means.

An individual that has found themselves in trouble should contact a Birmingham marijuana DUI lawyer as soon as they are stopped and released with that charge. The attorney should immediately get discovery in these cases. It can take months, sometimes longer, for these tests to come back.

When someone waits to hire an attorney, it can make the process difficult. The attorney may not be able to request all of the discovery, including the videotapes, police reports, 911 recordings and the testing logs. Some of that information is destroyed over time; police videos are generally deleted within a period of 30 days if not requested.

If you have been charged with a driving under the influence of marijuana, it is very important for you to contact a Birmingham marijuana DUI lawyer as soon as possible. An experienced attorney will be able to begin fighting for you right away.