Hampton Roads Marijuana DUI Lawyer

In Virginia, marijuana is illegal. If you are found driving while under the influence of marijuana, you could be subject to a DUI charge. A first offense is punishable by up to 12 months in jail with a fine of $2,500. If you are prescribed marijuana for medical reasons, you could still be charged with a DUI if you were under the influence of marijuana while driving.

If you were charged with a marijuana DUI, you may need to retain the services of a professional criminal defense attorney. A Hampton Roads marijuana DUI lawyer could provide you with legal guidance and assistance with building a strong defense.

Medical Use of Marijuana in Virginia

Virginia does allow for some limited use of medical marijuana. However, medical marijuana is not a defense against a DUI charge. If someone uses medical marijuana and it disrupts their ability to drive, they are driving while under the influence. The charges would be the same as a traditional marijuana DUI. For more information, schedule a consultation with a credible marijuana DUI attorney in Hampton Roads.

Difference Between Marijuana and Alcohol Cases

For a marijuana DUI case, officers do not have a breath test, like they would in an alcohol-related DUI. The judges and police officers could rely more heavily on that breath test in order to gain a conviction. Without that, the government may rely more on the officers’ observations and if there is any footage, body cam, or dash cam footage to compensate for the lack of a breath test.

In a marijuana case, it is easier to contest a charge because there is no breath test. Even if there is some sort of test that says there is marijuana in the individual’s system, that does not suggest intoxication. For help with building an attorney, contact a Hampton Roads marijuana DUI lawyer.

Evidence in a Marijuana DUI Case

The evidence of a marijuana DUI case is similar to an alcohol-based DUI in the sense that the court will rely on the observations of the officer. This includes the officer’s observations of the individual’s driving, their interactions with the individual, and the field sobriety tests. The prosecution may look for the same indicators of intoxication.

The prosecution needs to prove that the individual was driving a motor vehicle on the highways of Virginia, and that the individual was impaired to the point where they could not safely operate a motor vehicle. However, they may not have a chemical analysis suggesting that there was a specific amount of a substance in the individual’s breath or bloodstream that the judge can use to make his decision.

Importance of Contacting an Attorney

An experienced Hampton Roads marijuana DUI lawyer understands how to handle these types of cases and knows what evidence is required to build a strong defense. You should hire an attorney promptly after being charged with a DUI. The sooner you get in contact with a lawyer, the more time they have to help you with constructing a defense. Retain the services of a savvy attorney today.