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Whenever someone is charged with a driving offense involving marijuana, or any drug charge for that matter, they should speak with an established Dedham drug OUI lawyer. An established OUI drug attorney could read law enforcement's report, reference field sobriety tests, and statements from the officers.
OUI MARIJUANAThe decriminalization of marijuana does not have an impact on marijuana DUI charges because driving under the influence of marijuana is still a crime. However, decriminalization could change some of the arguments a defense lawyer can make for the court and to a jury.
How Does the Evidence Differ from an alcohol OUI charge?
Attorney DelSignore explains why OUI Marijuana cases are winnable in court
The evidence in a marijuana OUI case and an alcohol-based case is often the same. In alcohol cases, the field sobriety tests have been scientifically tested and accepted for alcohol. In marijuana OUI cases, testing is done similarly to a sobriety test. The fact is that marijuana affects the body differently from alcohol, so their training for alcohol does not relate reliably to marijuana. Field tests are not conclusive tests as to whether or not someone is driving impaired by marijuana.
The prosecution has to prove that the accused was impaired by marijuana in public and while operating a motor vehicle. The associated penalties for marijuana OUI include the possibility of a year of probation, fines, and fees. It may be critical to speak with an established Dedham marijuana OUI lawyer about potentially defending your case.
OTHER OUI DRUG CASESIf you took a prescription drug and are facing an OUI charge, you should know that you have defenses available to help win your case. With prescription drugs, the prosecution still has to prove that the drug the person was under the influence of falls within the categories that are prohibited, that it is a depressant, narcotic, or stimulant, and if it is not one of the illegal drugs, it is going to make it more difficult for the government to meet that burden.
If the person did not know the impact that a medication would have on them, then they could present evidence that the intoxication was not voluntary, and if that were accepted by a judge or jury, then that would be a defense to the charge. These types of cases are very technical in regards to the law and the government often cannot meet their burden of proof. It could be that the person felt they should not have been driving, but that is different than whether the prosecution can meet that burden of proof to prove that the person was impaired.
Additionally, there is a possibility of getting a diversion on OUI drugs in which the person would do a substance abuse program and the case would be dismissed. There is also a diversionary program for OUI drugs and alcohol for anyone in the military under what is called the Valor Act. A Dedham OUI drug lawyer could work diligently to help an individual
DO THE POLICE NEED TO DRUG TEST ME ROADSIDE?Authorities test for the presence of drugs based on their observations, but it is not mandatory that they drug test you. They could make you go to a hospital for a blood test, but, typically, they are going to find the drug that they you are under the influence of in the car and then they will meet their burden to make the arrest. Their opinion is going to be based on admissions from the person and circumstantial evidence in terms of how the person acted and how they appeared.
Officers go through a week of training and claim to have the same expertise as a pharmacologist and attempt to give an opinion about impairment that they are simply not qualified to make. Sometimes, a DRE or so-called drug recognition expert officers are nothing but police officers who are performing a test that seems scientific but is really just a way to get the person to make more admissions and to confirm that they are under the influence.
ROLE OF A DRUG RECOGNITION EXPERT IN OUI CASES INVOLVING MEDICATIONA drug recognition expert does an evaluation to determine whether a person is impaired. They go through a 12-step process to come to an opinion about the type of drug the person is under the influence of. In almost all cases, the DRE says the person is under the influence of the drug they said they took.
Part of that exam is an interrogation of the person. The DRE talks to the arresting officer to see what they found. The exam is not scientific; it is just a way for them to make the arrest look scientific. In fact, the exam is nothing more than making it pure scientific what the person said they are under the influence of.
QUESTIONS? CONTACT A DELSIGNORE LAW OUI DRUG LAWYERAt DelSignore Law, we know that OUI cases, regardless of the substance, often result in license suspensions. For this reason, we wanted to open an office location in the Dedham area in an effort to make the process more convenient for our clients. Feel free to contact us today, 781-686-5924, and we can meet you at your earliest convenience; night and weekend appointments are available!
You can read more about OUI drug cases and the DRE evaluation on our website today.