Stamford Marijuana DUI Lawyer
In Stamford, if an individual 21 or over possesses more than an ounce and a half of marijuana, they will be issued a ticket, which is considered an infraction. Therefore, it is not classified as a criminal offense. If an individual 21 or over possesses more than five ounces, they will face a large fine or even misdemeanor charges. Personal amounts of marijuana may be legally possessed only by those who are 21 and older.
Driving while impaired by marijuana use is, however, always illegal.
If you have been charged with a marijuana DUI and are seeking a robust defense, it is imperative to consult with a knowledgeable DUID attorney in Stamford as soon as possible. An experienced Stamford marijuana DUI lawyer can build a case to help minimize any potential consequences you may be facing.
Impact of Legalization
The legalization of marijuana increases the potential of an individual being charged with a marijuana DUI. Because of this legalization, more people are likely to possess marijuana and to use it while operating a motor vehicle.
Even though the consequences for possessing marijuana are dwindling, the DUI penalties remain the same. In Connecticut, marijuana is legal to possess depending on the amount you possess and your age, but you may not use it while operating a vehicle.
If charged with a marijuana DUI, that individual should consult with an experienced marijuana DUI lawyer in Stamford immediately.
Use of Marijuana Medicinally or Otherwise Legally
Marijuana use is becoming more common in Connecticut. This may, in turn, lead to an individual getting convicted of a DUI for using marijuana while they are driving.
If a person is driving a vehicle while using marijuana, they could be guilty of a DUI. A Stamford marijuana DUI lawyer can help any individual facing such charges.
Although an individual may be treating a condition with marijuana or using it otherwise legally as a person 21 years old or over, they will still be charged with a DUI. However, the way the case is handled by a prosecutor may be a bit different.
The prosecutor may be inclined to show a little bit of leniency toward someone who, for instance, is coming back from chemotherapy. This is not guaranteed by any means, and a prosecutor may very well stand on the charge and not come off it, but in a situation like that, it may be easier to work out a favorable deal.
Degrees of the Charge
When charged, a person could face a typical Connecticut DUI under 14-227a. They can also face illegal possession of marijuana depending on how much they possess and their age.
If the person is 21 or over and they possess more than an ounce and a half, the person will likely be given a ticket. If they possess over five ounces of marijuana, they may face a class C misdemeanor charge. They will also face any traffic violations they may have committed. All degrees of the crime can be effectively defended using a Stamford marijuana DUI attorney.
Potential Marijuana DUI Penalties
For a first offense, the person is subject to six months in jail. Two of those days are a mandatory minimum, which means the person must spend them in jail, or, the judge could instead give the person 100 hours of community service instead of the 2 days.
The person will also be subject to probation, substance evaluation and treatment, having to attend a Mothers Against Drunk Driving impact panel, and regular visits from a probation officer. A knowledgeable marijuana DUI lawyer in Stamford can defend such penalties.
Marijuana DUI vs. Alcohol DUI
Marijuana DUIs and alcohol-related DUIs are different in the sense that there are multiple ways for the police to detect the drugs on the person.
However, when the prosecutor gets to court, they still must prove, in the same way, that the person was impaired and was driving the car.
The evidence in marijuana DUI cases is different because there is no breathalyzer test. If the person took a breathalyzer test, they would blow a 0.00. This will often alert police that there are potentially drugs involved.
At that point, the police will often opt for the person to take a urine test, which will detect the marijuana in their system.
Burden of Proof
In a marijuana DUI case, the prosecution needs to prove that the person was operating a motor vehicle, that they were under the influence of marijuana, and the marijuana impaired their ability to operate the car.
Benefit of Legal Representation
A person should hire a marijuana DUI lawyer in Stamford as soon as they can. Such a charge is taken just as seriously as any other DUI and can have a severe impact on an individual’s career, life, and criminal record.
An experienced Stamford marijuana DUI attorney will know the ins and outs of the process, the nuances of a marijuana DUI versus an alcohol DUI, and what evidence to look for and what evidence needs to be preserved. They know what questions to ask and what information to get from the person to best help defend the case.