While many counties in Pennsylvania have begun relaxing marijuana laws and penalties for possession, when it comes to driving under the influence of cannabis, drivers should be aware that Pennsylvania will prosecute them for DUI of marijuana, and police are increasingly making weed related DUID arrests.

Driving while high is illegal in all states and Pennsylvania has perhaps the strictest laws in place which not only ban driving under the influence of weed, but also prohibit driving with any amount over 1 nanogram per milliliter of THC or its metabolites in their blood.

How to Fight Your DUI of Marijuana
First, understand that driving while impaired or driving under the influence of any drug is typically charged at the highest tier under Pennsylvania’s 3-tier DUI system. Third tier DUIs are reserved for those drivers that have BAC of .16% and above or driving on any controlled substance.

Your chances of overcoming a DUI involving marijuana depends heavily on the skill and experience of the defense lawyer you choose. Local laws and procedures vary widely in the commonwealth, but generally, your lawyer can:

Examine the legality of your traffic stop for a potential motion to dismiss.
Question whether procedural laws were followed in field testing, any searches and the arrest itself (suppression of evidence, dismissal)
Challenge the validity of the chemical analysis performed at the lab (evidence inadmissible).
Explain and underscore the inherent biases of chemical testing for cannabis to a jury (acquittal).
Depending on the county where the offense is charged, there may be other defense strategies to explore. Your DUID lawyer should be able to communicate all available options to you after fully reviewing the case.

Tibbott & Richardson
1040 Fifth Avenue, Fourth Floor
Pittsburgh, PA 15219
(412) 444-7171