New Jersey is one of twenty states (including the District of Columbia) that allow residents to legally obtain and use marijuana for medical purposes. While the use of marijuana may be legal for medical reasons, you may still be subject to DUI charges if you are under the influence of marijuana while driving.
Driving Under the Influence of Marijuana
Under New Jersey DUI laws, individuals are guilty of driving under the influence of marijuana if the state can prove through a totality of the circumstances that they were impaired regardless of whether or not they obtained the drug for medical purposes.
In other words, the mere presence of THC or marijuana metabolites found in your blood will not automatically lead to a DUI conviction. Instead, the prosecution must provide evidence as a whole(such as blood tests, erratic driving, or a field sobriety test) to prove that you were too impaired to drive.
Detecting Marijuana Intoxication
Police officers are trained to detect the effects of marijuana on drivers. Although many of these signs are similar to that of alcohol intoxication (poor balance, slurred speech and water eyes), other signs are not shared with the intoxication of alcohol at all (green tongue or inability to cross eyes).Officers are also trained to detect the odor of marijuana.
However, just because the officer who pulled you over may have detected certain signs that are typically associated with the use of marijuana, it does not automatically mean that you are guilty of a DUI. To protect your legal rights and ensure that you have the best defense when fighting your marijuana DUI charges, you should immediately consult an experienced DUI attorney.
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If you or a loved one was arrested for a DUI, you need to immediately call New Jersey marijuana lawyer Dan Matrafajlo at 908-248-4404 for a free consultation.
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