Local Defense for Cannabis-Related DUI Charges in Berks County, PA
A marijuana DUI arrest can be difficult to understand. You may not have felt impaired. You may have used marijuana hours or days earlier. You may even possess a valid Pennsylvania medical marijuana card. Despite those circumstances, you can still face a criminal DUI charge, a driver’s license suspension, mandatory jail time, and thousands of dollars in fines.
At Nevins & McAllister, our Berks County marijuana DUI lawyers defend drivers accused of operating a vehicle with THC or marijuana metabolites in their blood. We understand how Pennsylvania’s controlled-substance DUI laws differ from alcohol-related DUI laws, and we know how much can depend on the accuracy of a blood test, the legality of the traffic stop, and the officer’s interpretation of your behavior.
Our attorneys represent clients in Reading and communities throughout Berks County. We examine every part of the investigation and build a defense around the actual facts, rather than accepting the prosecution’s version of events.
If you have been charged with marijuana DUI, call Nevins & McAllister at 610-372-5128 to schedule a confidential consultation.
Why Marijuana DUI Cases Require a Different Defense
Alcohol DUI cases are generally organized around a driver’s blood alcohol concentration. Marijuana DUI cases are different because there is no comparable legal THC limit that reliably separates an impaired driver from a sober one.
THC and its metabolites can remain detectable after the intoxicating effects have ended. As a result, a positive blood test does not necessarily tell the full story of when marijuana was consumed, how much was used, or whether the driver’s abilities were affected at the time of the stop.
A strong defense may require a careful review of:
The reason the vehicle was stopped
Statements made by the driver
Police body camera and dashboard camera footage
Field sobriety test conditions
The timing of the blood draw
Laboratory testing procedures
The handling and storage of the blood sample
The officer’s training in drug recognition
Medical conditions that may have affected the investigation
Our marijuana DUI defense team looks beyond the laboratory report to determine whether the Commonwealth can prove every required element of the charge.
Pennsylvania’s Marijuana DUI Law
Pennsylvania law provides more than one way for prosecutors to pursue a marijuana DUI case.
A person may be charged under the per se controlled-substance provision when marijuana or a qualifying metabolite is detected in the blood. In that type of case, the Commonwealth may not need to establish that the driver appeared impaired in the same way it would under an impairment-based charge.
A person may also be charged with driving while under the influence of a drug to a degree that made safe driving impossible. That allegation is more directly focused on impairment and may involve observations about driving behavior, coordination, speech, appearance, or performance on field sobriety exercises.
Some drivers face multiple DUI counts based on the same incident. Understanding the difference between those counts is important because each one may require a separate defense.
Our attorneys analyze the charging documents, chemical results, and police reports to determine exactly what the prosecution intends to prove.
A Medical Marijuana Card Does Not Prevent DUI Charges
Pennsylvania’s Medical Marijuana Program allows qualifying patients to obtain and use approved cannabis products. It does not provide immunity from the state’s DUI laws.
This creates a particularly difficult situation for patients who use marijuana legally and responsibly. Because THC may remain detectable after the effects have worn off, a patient can face a serious charge even when the blood result does not provide a clear picture of impairment at the time of driving.
Possessing a medical marijuana card can still be important to the context of the case. It may help explain lawful possession and establish why marijuana was present in the person’s system. However, it should not be treated as a complete defense on its own.
Our DUI lawyers evaluate how a client’s medical authorization, treatment schedule, statements to police, and blood-test results fit together. We then determine which legal and factual arguments offer the strongest path forward.
Penalties for Marijuana DUI in Berks County
Pennsylvania places controlled-substance DUIs in a serious penalty category. Even a first offense can carry consequences that are more severe than those associated with the lowest alcohol DUI tier.
A first marijuana DUI may result in:
A mandatory minimum of 72 consecutive hours in jail
A fine between $1,000 and $5,000
Alcohol Highway Safety School
A drug and alcohol assessment
Court-ordered treatment
Driver’s license suspension
Court costs and supervision requirements
A second offense may bring:
A mandatory minimum of 90 days in jail
A fine of at least $1,500
A longer license suspension
Mandatory treatment
Ignition interlock requirements
More restrictive court supervision
A third or subsequent controlled-substance DUI can lead to felony grading, a mandatory minimum of one year of incarceration, and a fine of at least $2,500. Prior DUI history, a child passenger, an accident, injuries, or additional criminal allegations can make the situation even more serious.
Drivers facing repeat or felony-level allegations can learn more about our approach to felony DUI defense.
How Marijuana DUI Investigations Begin
Many cases begin with an ordinary traffic stop. An officer may claim that the driver crossed a lane marker, failed to signal, drove too slowly, exceeded the speed limit, or committed another violation.
After making contact, the officer may look for signs that support a drug investigation, including:
The odor of marijuana
Red or glassy eyes
Slow responses
Nervous behavior
Marijuana packaging or paraphernalia
Statements about recent use
Difficulty completing field sobriety tests
None of these observations should automatically establish guilt. Red eyes can result from fatigue or allergies. Nervousness is common during a police encounter. Poor performance on physical tests may be connected to an injury, medication, unsuitable footwear, or roadside conditions.
We compare the officer’s written account with available video evidence and other records. When the report exaggerates or omits important details, those inconsistencies may become central to the defense.
Challenging the Traffic Stop and Vehicle Search
Police must have a legally sufficient basis to stop a vehicle. If the initial detention was unlawful, evidence discovered afterward may be subject to suppression.
The same principle applies to vehicle searches. The sight or odor of marijuana can create complicated legal questions, particularly when a driver is a registered medical marijuana patient. Police authority depends on the total circumstances and cannot always be reduced to a single observation.
Our attorneys investigate:
Whether the alleged traffic violation actually occurred
Whether video supports the officer’s account
How long the driver was detained
Whether questioning improperly extended the stop
Whether the driver consented to a search
Whether police had probable cause
Whether a search warrant was obtained when required
A successful suppression motion can prevent the prosecution from using illegally obtained evidence and may substantially change the case.
Blood Tests Are Not Beyond Challenge
A laboratory result can appear convincing, but chemical evidence must be collected, stored, transported, tested, and documented correctly.
Our defense may examine:
Whether police had lawful authority to obtain the sample
Whether the sample was drawn within an appropriate period
Whether medical personnel followed required procedures
Whether collection materials were expired or contaminated
Whether the chain of custody contains unexplained gaps
Whether laboratory instruments were calibrated and maintained
Whether the report distinguishes active THC from metabolites
Whether the result supports recent impairment
When necessary, we may consult an independent toxicology professional to explain what the reported concentration can and cannot establish.
A positive result should not end the investigation. It should be the beginning of a detailed review.
Field Sobriety Tests and Drug Recognition Evaluations
Standardized field sobriety tests were primarily developed for alcohol investigations. Officers may nevertheless use them when they suspect marijuana impairment.
Performance can be influenced by factors unrelated to cannabis, including:
Uneven pavement
Darkness or poor visibility
Cold or wet weather
Anxiety
Balance disorders
Leg, knee, or back injuries
Neurological conditions
Confusing instructions
An officer may also request assistance from a drug recognition evaluator. Although these officers receive additional training, their opinions remain open to challenge. The defense can question whether the evaluation was completed correctly, whether alternative explanations were considered, and whether the conclusions match the objective evidence.
Nevins & McAllister prepares each criminal defense case by separating police opinion from facts that can be independently verified.
ARD and First-Time Marijuana DUI Charges
Some first-time defendants may be considered for Accelerated Rehabilitative Disposition, commonly called ARD. This is a pretrial program that can provide an alternative to traditional prosecution for eligible defendants.
Berks County’s ARD DUI process may require:
A preliminary interview
A Court Reporting Network evaluation
Alcohol Safe Driving Program participation
Community service
Payment of fines and costs
Treatment when recommended
Compliance with probation supervision
Acceptance is not automatic. The District Attorney’s Office evaluates eligibility, the circumstances of the incident, prior history, and other relevant information.
ARD may offer meaningful benefits, but it also creates obligations and can affect how a later DUI is treated. Berks County currently states that certain DUI ARD cases are not eligible for expungement for 10 years when placement occurred on or after July 1, 2020. Anyone considering the program should understand both its immediate advantages and its long-term effects before deciding how to proceed.
Driver’s License and Employment Consequences
A marijuana DUI can affect far more than the criminal case. Losing driving privileges may make it difficult to reach work, transport children, attend medical appointments, or complete court-ordered programs.
The consequences may be especially serious for:
Commercial drivers
Delivery drivers
Healthcare workers
Teachers
Licensed professionals
Government employees
People with security clearances
Noncitizens facing immigration concerns
A person who drives after a DUI-related suspension may face additional charges and mandatory penalties. Our firm also represents clients accused of driving with a suspended license and helps them understand available restoration or limited-license options.
Building a Defense Around Your Actual Circumstances
No responsible attorney should promise a dismissal or use the same strategy in every marijuana DUI case. A meaningful defense begins with listening to the client and investigating what actually happened.
Depending on the evidence, we may challenge:
The legality of the stop
The officer’s basis for requesting testing
The vehicle search
Statements obtained during questioning
The blood-draw procedure
Laboratory reliability
The claim of recent marijuana use
The allegation of actual impairment
The use of prior offenses for enhanced penalties
We also look for evidence that supports the driver, such as video showing normal speech and movement, witnesses who observed sober behavior, medical documentation, phone records, receipts, or inconsistencies in the prosecution’s timeline.
Local Representation in Berks County Courts
Marijuana DUI cases may begin before a local Magisterial District Judge and later proceed to the Berks County Court of Common Pleas in Reading.
Local experience helps an attorney understand:
Filing and hearing procedures
How DUI cases progress through the county system
Available diversion and treatment programs
Expectations surrounding evaluations and supervision
How local prosecutors approach negotiations
What must be prepared before trial
Nevins & McAllister represents clients from Reading, Wyomissing, West Reading, Shillington, Sinking Spring, Exeter Township, Muhlenberg Township, Spring Township, Cumru Township, Fleetwood, Hamburg, Kutztown, Boyertown, Birdsboro, and surrounding Berks County communities.
You can learn more about our firm’s history and approach on our About page.
Frequently Asked Questions About Marijuana DUI
Can I be charged with marijuana DUI if I was not high?
Yes. Pennsylvania permits certain marijuana DUI charges based on the presence of a Schedule I controlled substance or its metabolite in the blood, rather than proof of visible impairment alone. A Berks County marijuana DUI lawyer can evaluate whether the stop, blood draw, laboratory evidence, and specific charges can be challenged.
Does a medical marijuana card protect me from a DUI conviction?
A medical marijuana card does not provide an automatic defense to marijuana DUI in Pennsylvania. It may explain why marijuana was lawfully obtained, but current law can still permit prosecution when THC or qualifying metabolites are detected. Your attorney should examine whether the Commonwealth can lawfully use the evidence and prove the particular offense charged.
Can a marijuana DUI charge be dismissed?
Dismissal may be possible when there are serious problems with the traffic stop, search, blood draw, laboratory testing, or other evidence. Other cases may be resolved through ARD, charge reductions, negotiated sentencing, or trial. The available result depends on the facts, the defendant’s history, and the strength of the prosecution’s evidence.
Contact Marijuana DUI Lawyers in Berks County
A marijuana DUI charge can threaten your freedom, driver’s license, employment, and reputation. It should not be treated like a routine traffic ticket or resolved before the evidence has been carefully reviewed.
Nevins & McAllister provides focused, strategic representation for drivers accused of cannabis-related DUI throughout Berks County. We will explain the charges, identify weaknesses in the prosecution’s case, and help you make informed decisions at every stage.
Call 610-372-5128 or visit our contact page to schedule a confidential consultation with experienced marijuana DUI lawyers in Berks County.