Legal Blog

Most people think of driving under the influence as drunk driving. The reality, though, is that a person can be charged with a DUI for a number of reasons. According to Pennsylvania law, driving with any of the following in your system can lead to a DUI arrest: a controlled substance, the metabolite of a controlled substance, alcohol, and a combination of drugs and alcohol.

Although its categorization has been heavily criticized, marijuana is listed as a controlled substance. This means that it is treated as one of the most dangerous drugs in existence. Perhaps even more unfair, the metabolites of pot can linger in your system for almost a month, meaning you can be arrested for a DUI with only traces of pot in your system. When drugs are involved, police only need to prove that you had drugs in your system at the time of your arrest. This is done through a chemical test. While you can refuse the test, doing so will only be used as proof that you were under the influence.

If you or a loved one has been charged with DUI for marijuana use, you are likely worried about the penalties that a conviction could bring. Consequences for this crime commonly include spending days, months or years in jail, with hefty fines and long periods of license suspension attached. At Fienman Defense, we understand that people are often charged with marijuana DUIs unfairly. Contact our skilled Philadelphia marijuana and DUI lawyers at (215) 839-9529. We will work tirelessly to protect your freedom.

What is Legal?

Much of the confusion surrounding the legality of marijuana is its recent legalization for some medical uses in Pennsylvania and marijuana’s decriminalization in Philadelphia. In 2014, legislators made the decision to alter the consequences of certain marijuana crimes. Whether it is possessed or being smoked, Philadelphia police are no longer instructed to make an arrest when marijuana is being used in public for recreational purposes. But make no mistake, possessing and smoking marijuana is still illegal. The only difference now is that people in Philadelphia are fined instead of arrested.

What is Illegal?

Although Governor Tom Wolf is considering the idea of legalizing recreational marijuana use, possessing or using marijuana is still a crime, punishable by fines and jail time. It can be seen why this might cause confusion. For example, if a Philadelphia resident uses marijuana anywhere else in Pennsylvania, they may be shocked when they are placed under arrest. As stated previously, other crimes related to marijuana, such as driving under the influence, are highly illegal throughout the United States. Marijuana users must be extremely careful in regards to how soon they drive after using marijuana.

Contact Fienman Defense Today

Perhaps you were arrested for driving under the influence of marijuana when they were not impaired, or maybe you got a contact high from being in the same room as a pot smoker. Whatever the circumstances, you deserve to have your side of the story told. At Fienman Defense, we will leave no stone unturned to present your case.

Call Philadelphia marijuana and DUI lawyer Michael Fienman at (215) 839-9529 to see how he can help keep your record clean.