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Can I Get a DUI For Marijuana Use?

Posted: Thursday, September 20th, 2018 at 11:51 pm

Can I Get a DUI For Marijuana Use?

When most people think of DUIs, they think of alcohol. However, you can be driving under the influence of many things, including marijuana. Even if marijuana is legal in your state, that doesn’t mean it’s legal to drive while using it or while under the influence of it. The punishments for DUI of marijuana vary by case and location. However, here are some factors that contribute to a DUI case for marijuana usage.

How Much?

The amount of marijuana you were found using or under the influence of matters a great deal. As with most drug and alcohol related infractions, the more you were using the greater your punishment will likely be. With alcohol, there tends to be very specific limits and levels to refer to when deciding on or determining what your punishment will be. However, the law is a bit more ambiguous with marijuana and other drugs. That being said, you can expect that your punishment will likely be relative to the amount of marijuana found in your system at the time of your arrest.

Which State?

As with alcohol related in fractions, different states have different laws regarding the use of marijuana. The punishments and consequences related to driving under the influence of marijuana greatly depend on where you live and where the incident took place. Look into your state laws to find out which specific penalties you might have to deal with. Of course, a qualified and experienced DUI attorney in your state will be able to provide you the most accurate information.

Prior Convictions?

As with most legal issues, if it’s your first offense you might be able to negotiate a lighter sentence or fewer punishments. However, if you have prior convictions, especially if they were drug-related, it’s likely that you’ll be subject to more or stricter penalties. Prior convictions also play a part in determining how likely you are to commit the same kind of infraction in the future. If you have multiple prior convictions, jail time will likely be part of the equation because, in the eyes of the law, you are more likely to commit the same kind of infraction again future. However, if you don’t have any prior convictions or they aren’t related to drugs and alcohol, the courts might not see you as being a great risk of future similar behavior and subject you two fewer punishments.

Aggravating Circumstances?

Were there aggravating circumstances surrounding your case? Aggravating circumstances are those which make it harder for you in court. In essence, aggravating circumstances make your situation worse. If you were using violence while driving under the influence of marijuana, for instance, that violence would be an aggravating circumstance. Having a minor in the car while you were driving under the influence of marijuana can also be seen as an aggravating circumstance. Cases that have aggravating circumstances attached to them tend to be penalized more harshly than those that don’t.

Mitigating Circumstances?

Conversely, mitigating circumstances are those that make your situation better. Not having any prior convictions, for instance, is sometimes a mitigating circumstance. Not being the main perpetrator of a crime but rather being an accomplice can also be a mitigating circumstance depending on the type of crime. Ask your attorney about mitigating circumstances and whether or not there are any that apply to your case.

It is never wise to enter the legal system without an attorney by your side. Driving under the influence of marijuana can be seen as a serious offense. Having that charge and conviction on your record can impact your future for many years to come. It can impact your job status, your ability to get another job, your ability to secure a car loan, and other aspects of your life. Get a consultation today with a qualified and experienced DUI attorney in your state and take the first step towards protecting your freedom and your future.

 

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