Pennsylvania Marijuana DUI Defense Attorney

Somerset lawyer experienced in drug-impaired driving prosecutions

In Pennsylvania, it is a criminal offense to drive under the influence of drugs (DUID). If convicted, individuals face harsh penalties that can impact one’s personal and professional life for years to come. These include jail time, fines, lengthy license suspension, a criminal record and threats to employment or licensing. When so much is at stake, you need a knowledgeable lawyer who can put forth an aggressive defense. Matthew R. Zatko, Attorney at Law, has defended numerous clients facing accusations of drugged driving in the Somerset area and throughout Pennsylvania, and is ready to help you.

What can cause a DUID charge in Pennsylvania?

A Pennsylvania statute, 75 Pa.C.S. § 3802(d), makes it illegal to operate a vehicle while impaired by a Schedule I controlled substance, or a Schedule II or III substance that has not been prescribed by a doctor. You can be charged with DUID if, after a traffic stop, a blood test shows any amount of tetrahydrocannabinol (THC)—the primary psychoactive component in cannabis, even if you consumed it pursuant to a medical marijuana prescription. A DUID charge can also be brought if your mental or physical faculties are impaired to the point where you are incapable of safe driving. In addition to chemical blood tests, Prosecutors build DUID cases using evidence such as driving behavior, observations by police officers, field sobriety test results and drug recognition expert (DRE) opinions.

The serious consequences of a DUID conviction

A DUID conviction for marijuana is treated as a “highest tier” DUI, which carries the most severe penalties in Pennsylvania. They are as follows:

  • First offense (no prior DUIs) — Mandatory minimum 72 hours in jail; $1,000 to $5,000 fine; 12-month license suspension
  • Second offense — Minimum 90 days in jail; $1,500 to $10,000 fine; 18-month license suspension
  • Third or subsequent offense (felony DUI) — Minimum one year in prison; fine of at least $2,500; 18-month license suspension

Under Pennsylvania’s “zero tolerance” law, marijuana in someone’s system can trigger a DUID charge even after the psychoactive effects have worn off. 

What rights do you have if charged with DUID?

In a Pennsylvania DUI stop, you have the right to remain silent, the right to an attorney and the right to refuse field sobriety testing. However, under Pennsylvania’s implied consent law, any person who drives in the commonwealth is deemed to have consented to a chemical test of breath or blood to determine the presence of alcohol or controlled substances, including THC. Refusing such as test results in an automatic driver’s license suspension of 12 to 18 months, even if you are never convicted of DUI. Refusal can also lead to enhanced criminal penalties if you are subsequently convicted of DUI.

What defenses can be raised against DUID charges?

An experienced defense attorney can mount a vigorous challenge to DUID charges using strategies that raise any or all of the following:

  • Illegality of the stop and arrest — Challenging whether law enforcement had legitimate grounds to initiate the stop or arrest.
  • Blood draw and testing issues — Objecting to improper consent or lack of a warrant, questioning the timing of a test or exposing chain of custody and laboratory procedure failures.
  • Alternative explanations for behavior — Providing evidence that factors other than drug use (fatigue, medical conditions, anxiety) caused observed behavior.
  • Unreliability of field sobriety tests or drug recognition experts — Attacking the scientific validity of these tools and the credibility of their results.

I will thoroughly analyze the details of your arrest and any testing that was done, and will raise any defenses possible to the charges. I will also pursue plea negotiations that are in your best interest.

Contact an aggressive Pennsylvania criminal defense attorney

If you’ve been arrested on a DUID charge, you need a skilled Pennsylvania attorney to come to your defense. Call Matthew R. Zatko, Attorney at Law in Somerset at 814-443-1631 or contact me online for a consultation.