Marijuana and DUI in Pittsburgh

Any lawyer can tell you that medical marijuana was legalized in Pennsylvania a few years ago. However, this doesn’t mean you can use it for recreational purposes. In Pennsylvania, recreational marijuana use remains a crime. Statistics indicate that marijuana is the most commonly used illegal substance in the United States. In 2013, FBI data showed that Pennsylvania made over 17,000 arrests for marijuana possession.

While many people associate the term “DUI” with alcohol, a person can also be charged for driving under the influence of drugs. Marijuana is one of the substances that can lead to an DUI charge.

I Smoked While Driving to Work. Can I Be Charged With DUI?

Pennsylvania law is clear: you can be charged with a DUI if you operate a vehicle while intoxicated by either a controlled substance (like a drug) or alcohol. Marijuana is classified as a Schedule I drug, meaning you can face an DUI charge if you are pulled over and found to be intoxicated from its use. An experienced Pittsburgh criminal lawyer can help you understand the nuances of your case.

When police suspect alcohol impairment, they typically use breath tests. This method, however, does not work for detecting marijuana. Instead, an officer will request that the driver submit to a blood or urine test to determine intoxication.

To be considered intoxicated “per se,” your test results must meet one of the following thresholds:

• Urine test: At least 10 nanograms of marijuana per milliliter of urine.
• Blood test: A minimum of 2 nanograms per milliliter, which can be measured in whole blood, blood plasma, or blood serum.

Detection Timing

It’s important to understand that drugs remain in your system long after the feeling of being high has worn off. Drugs contain compounds called metabolites, which stay in your body for a specific duration known as the “detection time.” Different drugs have different detection times, and marijuana’s is one of the longest. This can create significant issues for drivers being tested.

For instance, if you smoke a single joint, or even take a couple of puffs, the metabolites can stay in your system for up to three days. If you use marijuana a few times a week, that period extends to five days. For daily users, it can take two full weeks for the metabolites to clear. It’s not unusual for chronic users to have to wait a month before their system is completely free of metabolites. A Pittsburgh DUI lawyer can explain how this impacts your defense.

This extended detection window means that a chemical test could show marijuana you used last week or even last month. Since drug tests cannot specify when the substance was used, police might mistakenly believe you were driving impaired when you haven’t touched marijuana for days. This can lead to charges even if you were not under the influence at the time of your arrest in Allegheny County.

Refusing to Submit to Chemical Tests

Given this information, you might think refusing to take a urine or blood test is the best course of action. However, that would be a mistake. Refusing to submit to chemical testing results in an automatic administrative license suspension by the Bureau of Motor Vehicles. If you are later convicted of DUI, you will likely face an additional suspension imposed by the court.

If you are asked to provide a blood or urine sample for testing, it is generally best to comply. It is often easier for your Pittsburgh criminal lawyer to challenge the validity of test results than it is for you to deal with an automatic license suspension.

DUI Penalties and Marijuana

The penalties for driving while impaired by marijuana are the same as those for an alcohol-related DUI. The severity of the penalties depends on the level of intoxication, but all convictions come with fines, potential jail time, court-ordered license suspensions, and a period during which you are not eligible for limited driving privileges.

The Logue Law Group has extensive experience defending drivers arrested for marijuana-related DUI. If you are facing charges, Contact us today by calling 412-387-6901 for assistance. A knowledgeable Pittsburgh DUI lawyer can provide the guidance you need.