Getting a DWI can severely impact all aspects of your life. It may affect your ability to obtain your dream job; it may impact your social life; and it will most definitely impact your family life. Despite what many may think, getting arrested for drunk driving is not only limited to driving while intoxicated with alcohol. You may also get arrested for a DWI if you are under the influence of marijuana.
New Jersey Law and Marijuana
Under New Jersey law, you can get convicted of a DWI if you operate a motor vehicle while under the influence of alcohol or any other controlled substance, including marijuana. In other words, a DWI arrest can be made if you are under the control of any controlled substance, such as narcotics, alcohol, and hallucinogenic or habit producing drugs.
The Law About Medical Marijuana
Medical marijuana is becoming more common as time goes on. More health care professionals are prescribing marijuana for its medicinal effects. With the ever-increasing prescription of this controlled substance, the question commonly becomes whether you can get arrested for being under the influence of medical marijuana while operating your vehicle.
The Medical Marijuana Scenario
Let’s assume that you have a medical marijuana certification and you smoke occasionally for medicinal purposes. Let’s also assume that you smoked a couple of days ago to relieve pain and today you are driving to work. While on your way to work, you are pulled over for a minor vehicle code violation. During the routine traffic stop, the officer sees your medical marijuana card in your wallet and it comes up in conversation that you have recently had a smoke.
The officer arrests you for suspicion of driving while under the influence and you are subjected to a blood or urine test, which shows positive for use of marijuana. Even though it has been a few days, the THC (the chemical component of marijuana) may still show in your urine or blood samples. At this point, you should consider hiring an New Jersey DWI attorney who has experience in analyzing and challenging blood or urine results.
Can I Get Arrested?
The first thing you may want to know is whether the DWI laws apply to you since you use marijuana for medicinal purposes. The state of New Jersey does not care whether you use marijuana for recreational or medicinal purposes – at least when it comes to the DWI laws. In other words, even if the state laws allow you to smoke cannabis or carry a small amount with you for medicinal purposes, you can still be charged with drunk driving.
Call Us
Have you or someone you know been arrested for a DWI while under the influence of marijuana? If so, you need to immediately consult with an experienced attorney. For more information or to schedule a complimentary consultation with a New Jersey DUI attorney, please contact the Law Offices of Dan T. Matrafajlo at (908) 248-4404 a free consultation.
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