Marijuana and DUI in Mercer

It has been several years since marijuana was legalized for specific medical purposes within the state. However, any legal professional in Pennsylvania will remind you that this legalization comes with strict limitations. It does not give residents permission to use cannabis recreationally or “for fun.” Under current state statutes, the recreational use of marijuana remains a criminal offense in Pennsylvania, and driving under its influence is taken very seriously by law enforcement.

Understanding the Statistics

Data indicates that marijuana remains the most frequently used illicit substance across the United States. To illustrate the prevalence of this issue, the Federal Bureau of Investigation (FBI) reported that in 2013 alone, Pennsylvania authorities executed more than 17,000 arrests specifically for marijuana possession.

When the average person hears the term “DUI” (Operating a Vehicle Impaired), they almost immediately think of alcohol consumption. However, a driver can face these same serious charges for operating a vehicle under the influence of drugs. Cannabis is frequently cited as one of the primary substances leading to DUI charges. If you find yourself in this situation, it is crucial to speak with a Mercer criminal lawyer to understand your rights and the specifics of the charges against you.

Can I Be Charged with DUI for Smoking Before Driving?

The short answer is yes. Pennsylvania law is very clear: you can face DUI charges if you operate a vehicle while impaired by alcohol or a drug of abuse (controlled substance). Because marijuana is classified as a Schedule I drug under state law, you can be arrested and charged if an officer pulls you over and determines you are intoxicated due to smoking a joint or consuming cannabis products.

When dealing with alcohol, law enforcement officers typically rely on breathalyzer tests to determine impairment levels. However, breath tests are ineffective for detecting marijuana. Consequently, if an officer suspects drug use, they will require the driver to submit to a chemical test of their blood or urine. An experienced Mercer DUI lawyer will often examine the procedures used during these tests to ensure they were administered correctly.

The “Per Se” Limits for Intoxication

Pennsylvania law establishes specific “per se” limits for marijuana. This means that if your chemical test results meet or exceed these specific levels, you are considered legally impaired regardless of how sober you may act or feel. To be considered intoxicated per se, your results must show:

• Urine Test: A concentration of at least 10 nanograms of marijuana per milliliter of urine.
• Blood Test: A concentration of at least 2 nanograms per milliliter. This applies to whole blood, blood serum, or blood plasma.

The Issue of Detection Timing

It is critical to understand that drugs remain detectable in your biological system long after the euphoric effects or “high” have worn off. When your body processes drugs, it leaves behind byproducts known as metabolites. These metabolites remain in your system for a specific duration, known as the “detection time.” While some substances leave the body quickly, marijuana has a notoriously long detection time. This biological fact can create significant legal hurdles, often requiring the expertise of a Mercer criminal lawyer to navigate the defense.

The duration marijuana stays in your system varies based on usage frequency:

• Occasional Use: If you smoke a single joint, or even just take a few puffs, the metabolites can linger in your system for up to three days.
• Moderate Use: If you consume cannabis a few times a week, the detection window stretches to five days.
• Daily Use: For those who use marijuana daily, it can take two full weeks for metabolites to dissipate.
• Chronic Use: It is not unusual for heavy, chronic users to retain metabolites in their system for up to a month after stopping use.

This science presents a major problem for drivers. A chemical test might detect marijuana you used last week or last month, not necessarily while you were driving. Unfortunately, standard drug tests cannot pinpoint the exact time of consumption. This often leads police to believe a driver was impaired behind the wheel, even if they hadn’t touched marijuana for days. A skilled Mercer DUI lawyer can help challenge the assumption that the presence of metabolites equals current impairment.

Should You Refuse Chemical Tests?

Given the risk of testing positive for past usage, you might assume that refusing a blood or urine test is the strategic move. However, this is generally a mistake. Pennsylvania operates under “implied consent” laws, meaning that by driving on state roads, you consent to testing if arrested for DUI. Refusing to submit to a chemical test triggers an automatic administrative license suspension from the Bureau of Motor Vehicles. Furthermore, if you are later convicted of the DUI in court, you will likely face an additional court-imposed suspension.

If an officer requests a blood or urine sample, it is generally best to comply. It is significantly easier for a Mercer criminal lawyer to challenge the accuracy or validity of test results in court than it is to fight a license suspension that resulted from a refusal.

DUI Penalties Involving Marijuana

The legal penalties for driving while impaired by marijuana are identical to those for alcohol-related DUI offenses. The severity of the punishment depends on the level of intoxication and prior offenses, but consequences are steep. Penalties invariably include:

• Mandatory fines
• Potential jail time
• Court-ordered license suspensions
• Periods of ineligibility for limited driving privileges

If you are facing these charges, do not navigate the legal system alone. The Logue Law Group has extensive experience defending drivers arrested for marijuana-related offenses. Contact a Mercer DUI lawyer at  412.389.0805 today to discuss your case.