Pennsylvania’s Marijuana DUI Laws: What You Need to Know
A DUI charge isn’t limited to alcohol in Pennsylvania. Under state law, you can face a conviction for having any amount of a controlled substance (or even its lingering metabolites) in your system while driving. Since marijuana metabolites can remain in your body for weeks after use, many drivers find themselves facing impaired driving charges days after they last smoked.
If you’ve been charged with a marijuana DUI, Logue Law Group is here to help. Our Pittsburgh DUI attorney can navigate these complex and often unfair laws for you.
Marijuana DUI Laws in PA
Despite shifting public opinions, PA remains one of the strictest states regarding marijuana and driving.
- Zero tolerance for metabolites: For alcohol, a specific blood-alcohol concentration (BAC) is required for a charge. Meanwhile, PA law allows for a DUI arrest simply because marijuana byproducts are detected in your blood.
- Schedule I classification: Marijuana is still classified alongside heroin in PA, meaning the legal system treats these cases with extreme gravity.
- Chemical testing and implied consent: If an officer suspects you’re high, they will request a blood test. Under “implied consent,” refusing this test results in an automatic one-year license suspension, regardless of whether you’re eventually found guilty.
A marijuana DUI conviction can derail your life. Penalties frequently include 6 months of jail time (longer for repeat offenders), 12-month license suspension, heavy fines, and a criminal record.
Medical Marijuana and Decriminalization Myths
There’s significant confusion regarding what is legal in PA. It’s important to remember:
- Medical marijuana is NOT a defense: Even if you have a valid medical card, it’s still illegal to drive with any THC or metabolites in your system.
- Decriminalization and legalization: While Philadelphia has decriminalized small amounts of possession (punishable by a civil fine), DUI remains a statewide criminal offense. You can still be arrested and prosecuted for driving after use, regardless of local city ordinances.
Protecting Your Future
A DUI or drug-related arrest can feel like an immediate dead end, but it’s important to remember that an arrest isn’t a conviction. The prosecution bears the burden of proof, and our job is to expose the cracks in their case. Our Pittsburgh DUI attorney employs a rigorous, multi-faceted approach to challenge the evidence against you:
Contesting The Initial Stop And Search
Every interaction with law enforcement must adhere to the Fourth Amendment. We investigate whether the officer had reasonable suspicion to pull you over or probable cause to search your vehicle.
Challenging Lab Results And Chemical Evidence
Scientific evidence is only as reliable as the people and machines producing it. We scrutinize the “chain of custody” to ensure samples weren’t mishandled or contaminated.
Differentiating Use From Impairment
The prosecution relies on the presence of metabolites in many cases involving controlled substances. However, certain substances can remain in your system for days or even weeks. Our Pittsburgh DUI attorney ensures you aren’t unfairly penalized for substances that had no impact on your ability to drive safely at the time of your arrest.
Identifying Procedural And Constitutional Errors
The legal system is built on strict procedures designed to protect your rights. Did the officer fail to read your Miranda rights? Was your right to counsel delayed? Our Pittsburgh DUI attorney identifies procedural missteps or violations of your constitutional protections. They often negotiate for reduced charges or a complete dismissal of the case.
We understand that many people charged with these crimes were never actually a danger to the road. Our Pittsburgh DUI attorney is committed to fighting for your rights and protecting your future from the fallout of a DUI charge.
Protect your license and your freedom. Call us today at 412-387-6901 or email us at sean@seanloguelaw.com for a free, confidential consultation.