Philadelphia Marijuana DUI Lawyer
Although possessing small amounts of marijuana may have been decriminalized, marijuana remains illegal for recreational purposes across the Commonwealth of Pennsylvania. If you have been accused of operating a vehicle while under the influence of marijuana, you may be facing severe criminal charges. A respected Philadelphia marijuana DUI lawyer from Ciccarelli Law Offices may be able to put our 100 years of combined experience to work for you. Schedule a confidential consultation with our DUI defense legal team in Pennsylvania team today to further explore your defense options.
Marijuana DUI Charges in Philadelphia
The Pennsylvania Motor Vehicle Code, under Section 3802(d)(1)(i), prohibits motorists from being in control of or operating a motor vehicle with any type of Schedule l or metabolite of a controlled substance in their blood. Since both the Commonwealth and the federal government classify marijuana as a Schedule l controlled substance according to the Controlled Substance, Drug, Device, and Cosmetics Act Section 4 and the Drug Enforcement Administration’s (DEA) Controlled Substances Act, you could be facing criminal charges if you have any amount of marijuana in your blood.
This can be particularly stressful for people who may have THC metabolites in their system from a marijuana joint they smoked two weeks ago, given that marijuana can remain detectable in your system for around two weeks in the casual user and even longer in a chronic user as described by the Centers for Disease Control’s (CDC) Urine Testing for Marijuana Advisory. You might be completely sober at the time of the traffic stop, but with THC metabolites in your system, you could still be charged with a marijuana DUI.
As described under Pennsylvania Bulletin, Volume 34 Issue 7, for the prosecutor to bring forward marijuana DUI charges, your drug screening must show that there was at least one nanogram per milliliter (1 ng/ml) of Delta-9-carboxy THC in your system at the time of testing. If the Commonwealth can prove beyond a reasonable doubt that you were in control of, operated, or drove a motor vehicle while under the influence of marijuana, which impaired your ability to drive a vehicle safely, you could be found guilty of a marijuana DUI. The language of the legal statute under Sections 3802(d)(2) and 3802(d)(3) reads as follows:
“(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.”
Expect Harsh Penalties if Convicted
Marijuana DUI charges are some of the most serious driving under the influence offenses you can face, and DUI penalties in Pennsylvania can be severe. Your prior criminal record and the information in your tox screening could determine the extent of the charges you face. If you are convicted of a marijuana DUI, this is generally tried as an ungraded misdemeanor, which means there will be a mandatory minimum 72-hour jail sentence. You will also be required to pay a mandatory minimum fine of up to $1,000 and have your driver’s license suspended for up to 12 months.
Habitual marijuana DUI convictions carry more extreme penalties. Second-time marijuana DUIs are considered first-degree misdemeanors. If convicted, there is a mandatory minimum $1,500 fine and a mandatory minimum 90-day jail sentence. You could spend up to five years in prison and have your driving privileges revoked for at least 18 months.
For third-time offenders, charges will be increased to the felony level. A third marijuana DUI is considered a third-degree felony DUI in Pennsylvania, punishable by up to seven years in prison with a mandatory minimum one-year sentence in a Pennsylvania state prison. There is also a $2,500 mandatory minimum fine and an 18-month loss of driving privileges.
You May Continue to Experience Fallout From Your Conviction Post-Release
Criminal penalties aside, your life will be affected in many ways if you are convicted of a marijuana DUI. First and foremost, your reputation will be ruined. Having a criminal conviction on your record will tarnish your image whenever you need to complete a background check. If you get sent to jail or prison, you could also lose your job, home, and other belongings, especially if you are out of work and unable to take care of your regular expenses.
With a marijuana DUI conviction on your record, it is also possible your child custody or visitation rights will be taken away. This could dramatically impact your ability to maintain a close relationship with your children. If you are not a US citizen, you could even face deportation for a marijuana DUI. For these reasons and more, it is crucial that you do everything in your power to avoid a guilty verdict.
How Our Philadelphia Marijuana DUI Attorneys Can Help
We pride ourselves on accessibility and creativity when it comes to criminal defense strategy. Attorney Lee Ciccarelli has even been recognized as a Top 100 Trial Lawyer by The National Trial Lawyers Association and the National Advocacy for DUI Defense (NAFDD) as a nationally-recognized “Superior DUI Attorney.” As passionate advocates for our clients, we fight to get our clients the best possible results with aggressive but strategic defense tactics.
Not only will we ensure you understand the severity of the marijuana DUI charges against you, but our drunk driving lawyers will be prepared to negotiate with the district attorney in the hopes of securing a plea agreement or getting you enrolled in an accelerated rehabilitative disposition (ARD) program so you can avoid going to trial altogether. When you are unsure of how to best approach your marijuana DUI defense, we are here to provide the legal representation and guidance you have been looking for.
Speak With a Marijuana DUI Lawyer in Philadelphia for Help Today
Although the consequences of a marijuana DUI conviction may be harsh, you have an opportunity to avoid a guilty verdict by presenting a powerful defense strategy in court. You may be able to avoid bringing your case to trial altogether if we can work out a plea on your behalf with the district attorney.
Every person’s case is different, so do not hesitate to contact our Philadelphia marijuana DUI attorneys with Ciccarelli Law Offices to find out how to best approach your defense. Reach us by phone or through our secured contact form to schedule your confidential consultation as soon as today.