If you have been arrested on a marijuana DUI charge, know that the outcome of your case may not always be negative. A professional defense attorney knows from experience that proving West Palm Beach marijuana DUI cases is extremely difficult for the prosecution, and can use that knowledge to your advantage. Just because there may have been marijuana in your system at the time of your arrest does not mean that you are automatically guilty of a DUI, as they still have to show that the drug appreciably impaired your ability to drive.
Research has shown that the use of marijuana actually often heightens awareness, makes someone more cautious, more paranoid, and less likely to speed and get into an accident. For these reasons, it can be significant not to make any self-incriminating statements during the arrest process. Read on to learn more about what goes into proving West Palm Beach marijuana DUI cases, as well as the ways a skilled defense attorney could advocate on your behalf today.
Difficulty to Prove
Proving marijuana DUI cases is a difficult task for Wes Palm Beach prosecutors because marijuana stays in one’s system for up to 30 days or longer, depending on how long and how heavily someone used marijuana. When marijuana shows up in a urine test, and the prosecutor tries to argue that the driver was under the influence of marijuana, the test cannot prove when the marijuana was consumed. The toxicologist may testify that, based on the amounts, the marijuana was consumed from 24 hours to 30 days prior to the stop.
It is difficult for the authorities to prove unless they see someone in the act of smoking marijuana, using marijuana, carrying marijuana with them while driving, and acting a little bit off. For this reason, they do not bring these charges too often. They may charge someone with possession of marijuana or drug paraphernalia, but an individual is not usually going to be arrested for DUI marijuana unless it is obvious.
Law Enforcement Stops
When proving marijuana DUI cases in West Palm Beach, a police officer looks for evidence by interviewing the driver, asking permission to search the car if needed, and searching the driver to see if they are in possession of any drugs or controlled substances. They could ask the driver if they used any drugs or alcohol in the past 24 hours and whether they are in possession of medication when they should not be. If the officer has the ability to search the car for drugs, they may see evidence of it inside the car. They may see marijuana residue or paraphernalia, such as empty plastic bags, used needles, or loose pills. While this type of evidence would be enough to charge someone with unlawful possession of drugs or paraphernalia, it would not necessarily be successful in proving West Palm Beach marijuana DUI cases.
Local Marijuana Ordinances
Palm Beach County has an active ordinance decriminalizing marijuana and giving law enforcement the option of not arresting someone for marijuana. Instead, they can issue a non-criminal citation for $100, similar to a $100 parking ticket. However, that order has not affected law enforcement in Palm Beach County.
The Palm Beach County Sheriff refused to accept the ordinance and enforces State and Federal laws over local ordinances. While the government’s attitude is somewhat lax in these situations, law enforcement is not. Their position is if someone is in possession of marijuana, they arrest that individual. They issue a summons, and the court determines their verdict as they deem appropriate. The position of the local Palm Beach County Sheriff at this time is that law enforcement officers enforce the highest law in the land, which is Federal law and State law, over the Palm Beach County laws or other local ordinances.
If you have additional questions about proving West Palm Beach marijuana DUI cases, consider reaching out to a professional defense attorney today for an initial consultation.
