295) How does the State Prove that I was DUI on Marijuana? #HaberPA Miami Criminal & DUI Lawyer
Channel: Michael Haber
Date: 2018-10-18

How does the State Prove that I was DUI on Marijuana?

Because there’s no “breath test” for controlled substances, unless the State has a urine or a blood sample then each and every marijuana DUI case is gonna be purely circumstantial.  

The State’s gonna have to prove, BARD, that 1) You were in “actual physical control” of a vehicle and 2) that at that time you were under the influence of THC to the extent that your normal faculties were impaired.

Much of the State’s evidence is gonna mirror that in a DUI-alcohol refusal case: The cop’s gonna talk about how poorly you were driving and how much difficulty you had producing documents and complying with his roadside demands.  Instead of an odor of alcohol they may talk about an odor of marijuana - and if they find THC products (be it plant, ink, oil,  chewable or other, and whether it’s legitimately  medicinal or not) then their case is gonna be that much stronger.  

If they want to cover their bases then a specially certified officer called a “DRE” (a drug recognition expert) will be the one to administer a particular variation of roadside sobriety tests, and then testify that A) you failed, miserably, and B) in his expert opinion it must be because of the ole’ loco weed.

Rest assured that as I’m speaking there are labs chock full of scientists - and for that matter there’s plenty of garages full of inventors - all efforting at developing a presumptive test that can be used for detecting controlled substances - and especially THC - by either breath or some other simply applied means.  You can also bet that whoever invents and patents that first is gonna be rich beyond belief.

Thank you for your question.  I appreciate your having asked it.  Please remember that at #HaberPA it’s all about reasonable doubt!

At Michael A. Haber, PA "it's all about reasonable doubt"!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series.  Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case.  Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

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