Rhode Island Marijuana DUI Attorney
Rhode Island has legalized marijuana for medicinal use and has decriminalized it in the state. However, drivers need to understand the consequences of driving while under the influence of cannabis or risk a Rhode Island Marijuana DUI. Under the law you cannot drive when under the influence of a controlled substance. You also cannot possess marijuana while driving a vehicle.
Drivers in the state are subject to a blood, breath or urine test. To determine whether to order a test for a Rhode Island Marijuana DUI, police rely on their observation of the drivers behavior. Based on the officers judgment drivers may be asked to provide a sample which is sent to the lab for marijuana testing. The Implied Consent laws require the driver to comply.
Difference Between a Rhode Island Marijuana DUI and an Alcohol DUI
Although there is a safe zone for the level of alcohol in your blood, thats not true for marijuana. Rhode Island has adopted a zero-tolerance for THC. You can drive with a blood alcohol level of 0.079% or lower and escape any legal consequences. However, any trace of marijuana subjects the driver to a marijuana DUI according to the marijuana DUI laws in Rhode Island. There is one exception. People registered for medicinal marijuana are not considered under the influence just for having marijuana metabolites in their system.
Consequences for Marijuana DUI in Rhode Island
The punishments for marijuana DUI are based on the number of violations you have and other factors, as follows:
- First-time offenders may receive a $500 fine, up to 60 hours of community service, and a year in jail time. In addition, your drivers license may be suspended for up to 18 months. The judge will order you to take a DUI course. Depending on other charges such as possession of marijuana, you may also have to attend a drug treatment program.
- Second-time offenders face a $1000 fine, six to twelve months in jail, and a suspension of driving privileges for two years after their sentence.
- Third-time offenders pay up to $5000, face up to five years of prison, and have their driver’s license suspended for three years when they get out of jail.
If you are facing your first or third charge, you need the best Rhode Island Criminal Defense Lawyer possible. Talk to RI Marijuana DUI Defense Lawyer Chad F Bank as soon as possible after you are charged.
Issues with Marijuana DUI Testing
There is no standard for the THC threshold that determines when a driver is unfit to drive. Some states have set an amount above 0 to prevent competent drivers from facing arrest. Rhode Islands zero-tolerance policy is problematic. It may prevent drivers under the influence of marijuana from taking to the roadway but it may also penalize those who arent hindered by a small amount of THC in their system.
Rhode Island Marijuana DUI Lawyer
If you find yourself in need of Rhode Island Marijuana DUI Defense, its important to call an experienced RI Marijuana Rhode Island DUI Lawyer with a record of winning. Chad Bank is an experienced marijuana DUI lawyer who's ready to go to court for you. Contact our law office today to schedule a case evaluation.
Rhode Island Marijuana DUI Attorney
The legalization of marijuana is changing the US. While some of those changes are for the better, some are for the worse. Legalized marijuana means that there are more people driving under the influence of marijuana. However, the police are having a hard time issuing DUIs for marijuana use. There is no standard roadside testing, which makes it difficult to charge someone with a marijuana DUI. Find out how the police test for marijuana and why the test is not effective.
How Does Marijuana DUI Testing Work?
Most people know how drunk driving testing occurs. After all, the police have been using breathalyzers for decades. If an officer pulls you over, he can pull out a breathalyzer and ask you to blow. Then, he can use the value from the breathalyzer to determine if you are over the legal limit. He can testify to your BAC in court to convince a judge to convict you or drunk driving. A breathalyzer uses simple science, and it’s effective.
Unfortunately, marijuana DUI testing isn’t quite so easy. There are many challenges to testing for marijuana. While alcohol stays in your blood so a DUI Blood Test works for alcohol, marijuana does not. It works in your brain and is very difficult to measure how much you have in you. On the federal level, marijuana is illegal. For that reason, researchers have not looked into many ways to measure marijuana levels. Even if they could accurately do that, scientists can’t agree on the level of impairment. There is no specific amount of marijuana that makes all marijuana users impaired to drive. Instead, it seems that the substance affects people in different ways.
Another reason for the difficulty in marijuana DUI testing is the metabolization of the drug. When you drink, alcohol hits your system at about the same time as any other individual. However, marijuana comes in many forms. If you eat a marijuana cookie, it will take longer to metabolize than smoking a joint. You might drive immediately after your cookie and still be sober. However, a marijuana test could show that you have marijuana in your system. You could get a DUI, even though you are sober.
Current Marijuana DUI Tests
Currently, there is no specific protocol to measure marijuana in a driver. One test uses Carboxy THC to determine your sobriety. However, researchers only chose Carboxy THC because it was the most prevalent compound in marijuana. It turns out that being abundant doesn’t make it a good choice for testing. After more research, it seems that there is no link between Carboxy THC and your impairment. When you have a high level of Carboxy THC, you could still be sober. In fact, you might not have used marijuana for weeks and test positive for Carboxy THC. It’s a highly ineffective test.
In Colorado, police officers use a different marijuana DUI roadside test. Accused drivers take a THC blood test. Then, the test shows your level of delta-9-THC. If you have more than five nanograms of delta-9-THC in Colorado, then you could face DUI charges.
Unfortunately, Colorado’s marijuana testing method is not accurate. You could have over five nanograms of delta-9-THC in your system and still be sober. In some individuals, a lower value could indicate impairment. The test is not very accurate and may not determine if an individual is impaired.
What It Means for Marijuana DUIs
There is no accurate DUI test. However, impaired driving due to marijuana use is a problem. In many states with legal recreational marijuana, there has been an increase in DUI accidents since the legalization of marijuana. Without an accurate way to test for marijuana, those states will continue to have issues with DUIs.
Today, the police have to guess whether or not a driver shows signs of marijuana impairment. Their observations may or may not hold up in court. On top of that, many face possession charges. As a result, a marijuana DUI is a complex issue. Some states, like Rhode Island, make it illegal to drive with any marijuana in your system. However, other states rely on police testimony. It can be difficult to know what outcome to expect for your marijuana DUI.
If you face charges for this type of DUI, then you might be able to fight the charges. Because it is new territory, there are more ways for a good RI DUI lawyer to fight the charges. If you take marijuana legally for medical reasons, then Rhode Island cannot prosecute you. But having an illegal controlled substance in your blood comes with fines, community service, and the possibility of imprisonment. On top of that, you could lose your license for as much as 180 days.
When you face charges for a marijuana DUI, you need the help of an experienced defense lawyer. By using an effective defense strategy, your lawyer can get you a great outcome. You could end up with no consequences, or with a minimal penalty. It all depends on your situation and the effectiveness of your defense lawyer.