Pennsylvania Marijuana Law And Marijuana DUI

The laws in the state of Pennsylvania have zero tolerance for driving under the influence of marijuana (marijuana DUI). If you have been accused of driving under the influence of drugs (DUID) or marijuana DUI in Indiana County, it’s a serious allegation. I am criminal defense attorney Robert Muir. I founded Robert S. Muir, Attorney at Law, in 1991 to advocate on behalf of those accused of drug DUI crimes. If you have been accused of a marijuana driving crime, I have a strong voice, and I will advocate on your behalf.

Driving Under The Influence Of Marijuana: A ‘Per Se’ Marijuana DUI

The state of Pennsylvania has some of the toughest laws in the country when it comes to driving while high. The state has adopted a “per se” evidence of marijuana law when it comes to driving. Drivers with a detectable level of 1 nanogram per milliliter could be guilty and face charges of DUID. With such a bare minimum as a threshold, practically any detectable levels of THC in your system will result in a marijuana DUI charge, even if there is no evidence of driving impairment. This is especially alarming because trace evidence of marijuana can remain in your bloodstream for up to a month. Those with medical marijuana cards can face unfair DUID accusations.

What Are The Consequences Of A Marijuana DUI?

If you are facing charges, it is important to understand the potential ramifications. This starts with the penalties and fines under Pennsylvania law. A conviction could lead to:

  • First offense: A 72-hour mandatory minimum sentence, a mandatory $1,000 fine, a one-year driver’s license suspension.
  • Second offense: A mandatory 90-day jail sentence with a maximum of five years, a minimum of a $1,500 fine and a driver’s license suspension for 18 months.
  • Third offense: A third offense within 10 years is a third-degree felony. The minimum sentence is a year behind bars, with a maximum of seven years. The minimum fine is $2,500, and there will be an 18-month driver’s license suspension.

Having a marijuana DUI on your driving record can also impact your insurance premiums. These can go up as the insurance company considers you a high-risk driver, and they may stay high for years or even decades. The cumulative total could be more than the initial fines you have to pay.

Will There Be Other Long-Term Consequences?

There can be long-term consequences, such as losing your job and struggling to find another one with an arrest on your record. This is especially true for felony cases. You could lose a professional license, such as a nursing license or a commercial driver’s license, which may make it difficult or impossible to work in your career. If you’re a student, the school board could even decide to expel or suspend you, denying you educational opportunities you otherwise would have enjoyed.

What If You Use Medical Marijuana?

It is important to note that even medical marijuana users – medical marijuana is legal in Pennsylvania, though recreational use is not – could face charges if they are found driving under the influence. But marijuana can show up on drug tests for weeks after use, especially for chronic users, so a driver could be arrested even if they were not high at the time.

Unfortunately, Pennsylvania law is very strict and does not allow medical use as a defense to charges. If a test shows even 1 nanogram/milliliter of THC, you could be charged. The only way medical marijuana users can avoid this risk is by refraining from driving on any day that they use marijuana products. As noted above, though, tests may still detect marijuana even days or weeks after the use occurred.

Refusing Law Enforcements Requests For Chemical Testing

In the state of Pennsylvania, law enforcement can request a blood or urine chemical test to determine the content of controlled substances in your system. If you refuse, your driver’s license will automatically be suspended for at least a year, or maybe even as long as 18 months. An experienced criminal defense lawyer who regularly handles DUI cases and drug possession cases can help you fight any DUID and marijuana DUI charges that you might be facing.

Schedule A Free Consultation With A DUID Defense Attorney Today

If you have been accused of driving under the influence of marijuana and are facing a DUID, then contact me today. I offer a free, initial consultation to answer any questions that you have and to tell you more about how I can help you with your case. To schedule your free appointment, call me at 724-471-6457 or send me an email using my website contact form. I represent clients across Armstrong, Cambria, Indiana and Westmoreland counties.