Experienced Defense Against Cannabis-Related DUI Charges
Being charged with driving under the influence of marijuana is a serious matter in Pennsylvania. Even with the legalization of medical marijuana, any suspicion of impairment while driving can lead to criminal charges, license suspension, and long-term consequences. Whether this is your first offense or you have prior DUI convictions, you need a strategic and knowledgeable legal defense.
At Nevins & McAllister, our team of marijuana DUI lawyers in Reading, PA has a long track record of protecting the rights of individuals accused of drugged driving. We understand how cannabis-related DUI cases differ from alcohol-related charges, and we know how to challenge questionable evidence and safeguard your future.
If you are facing marijuana DUI charges, call Nevins & McAllister at 610-372-5128 for a confidential consultation.
Pennsylvania’s Marijuana DUI Laws: What You Need to Know
Driving under the influence of any drug, including marijuana, is a criminal offense in Pennsylvania under 75 Pa. C.S. § 3802(d). This includes THC, the active compound in cannabis, regardless of whether the marijuana was used recreationally or medically.
Key facts about marijuana DUI charges in Pennsylvania:
- There is no threshold level of THC for legal impairment, unlike the 0.08% BAC limit for alcohol
- You can be charged based on any amount of active THC in your blood at the time of driving
- Even medical marijuana patients can face DUI charges if impairment is suspected
- A marijuana DUI is charged similarly to alcohol DUIs and carries severe penalties, especially for repeat offenders
The combination of vague standards and aggressive prosecution makes it essential to have experienced legal counsel by your side.
What Are the Penalties for a Marijuana DUI in Reading, PA?
Pennsylvania uses a tiered system for DUI penalties. Marijuana DUIs fall under the highest tier, resulting in significant consequences even for first-time offenders. These include:
First Offense
- 12-month license suspension
- 72 hours to 6 months in jail
- $1,000 to $5,000 in fines
- Mandatory drug and alcohol counseling
- Completion of Alcohol Highway Safety School
Second Offense
- 18-month license suspension
- 90 days to 5 years in prison
- $1,500 to $10,000 in fines
- Required treatment program
- Ignition interlock device for 1 year
Third Offense or More
- Felony charges
- 1 to 5 years in prison
- $2,500 to $10,000 in fines
- Extended license suspension
- Additional consequences such as probation and community service
Beyond these penalties, a marijuana DUI conviction can severely impact your employment, education, family life, and future driving privileges.
Medical Marijuana and DUI Charges
Pennsylvania legalized medical marijuana in 2016, allowing qualified patients to use cannabis for a range of conditions. However, the law does not protect patients who drive while impaired. In fact, the presence of THC in your system can still lead to a DUI, even if you are a registered cardholder.
At Nevins & McAllister, we frequently defend medical marijuana users and advocate for a fair application of the law. We work to show:
- You were not impaired at the time of driving
- THC levels were residual and not indicative of active influence
- Field sobriety or officer observations were unreliable
Our team ensures that your legal use of cannabis is properly considered in your defense.
The Challenges of Proving Marijuana Impairment
Unlike alcohol DUIs, marijuana-related DUI charges often rely on subjective officer observations and blood tests that are difficult to interpret accurately.
Common flaws in marijuana DUI investigations include:
- Field sobriety tests that are not validated for cannabis impairment
- THC can stay in your system for days or weeks, long after its effects have worn off
- Blood testing equipment may lack accuracy or be improperly maintained
- Officer testimony may be based on bias or incorrect assumptions
Our firm meticulously analyzes the evidence against you. If the arrest was flawed or the testing unreliable, we will challenge the prosecution’s case at every turn.
Strategic Defenses for Marijuana DUI Cases
When you work with Nevins & McAllister, we explore every legal option to build a strong defense strategy. Some of the most effective defenses to marijuana DUI charges include:
- Lack of Probable Cause – If the officer had no legitimate reason to stop or search your vehicle, any evidence obtained may be suppressed.
- Improper Administration of Tests – Field sobriety tests and chemical tests must follow strict guidelines. We investigate whether the officer followed proper procedure.
- No Evidence of Impairment – The mere presence of THC is not enough. We work to show you were not impaired while driving.
- Medical Marijuana Authorization – While not a full defense, it may be considered during plea negotiations or sentencing.
- Violation of Rights – If your constitutional rights were violated during the stop, arrest, or interrogation, we fight to have the charges dismissed.
No matter the circumstances of your arrest, we are committed to achieving the best possible outcome in your case.
What to Do If You Are Pulled Over for a Suspected Marijuana DUI
If you are pulled over and an officer suspects marijuana use, your actions in that moment can greatly affect the case. Follow these steps to protect yourself:
- Remain calm and polite
- Do not admit to using marijuana
- Decline field sobriety tests, which are voluntary in Pennsylvania
- You may be required to submit to a blood test under implied consent laws
- Do not volunteer information beyond basic identification
- Contact a lawyer immediately after your release
You have rights, and you should exercise them. The sooner you speak with a defense attorney, the more options you will have.
Why Choose Nevins & McAllister for Your Marijuana DUI Defense?
Not all defense attorneys have experience handling drug-related DUI charges. At Nevins & McAllister, we have helped numerous clients across Reading and Berks County who were charged with marijuana DUIs, and we understand the specific challenges of these cases. Clients choose us because:
- We focus exclusively on criminal and traffic defense
- We have extensive trial experience in DUI courts
- We use forensic experts when needed to analyze blood test results
- We prioritize personalized legal strategies
- We fight hard for case dismissals or reduced charges whenever possible
You deserve a defense attorney who treats your case with urgency, respect, and determination.
Frequently Asked Questions
Can I get a DUI in Pennsylvania for using medical marijuana?
Yes, even medical marijuana users can be charged with a DUI in Pennsylvania. The law prohibits driving with any amount of active THC in your system, regardless of whether it was used legally. That’s why working with experienced marijuana DUI lawyers in Reading, PA is crucial if you are a registered medical cannabis patient facing charges.
How do police determine marijuana impairment during a DUI stop?
Police rely on field sobriety tests, blood tests, and officer observations to determine marijuana impairment. However, THC can stay in your system long after the effects have worn off, leading to inaccurate conclusions. A skilled DUI defense lawyer can challenge the validity of these tests and protect your rights.
What are the penalties for a marijuana DUI in Reading, PA?
A first-offense marijuana DUI in Pennsylvania can result in jail time, license suspension, fines, and mandatory treatment. Penalties become more severe with each subsequent offense or if aggravating factors are involved. If you’ve been charged, hiring an experienced Reading marijuana DUI attorney can make a significant difference in your case outcome.
Contact Our Reading Marijuana DUI Lawyers Now
Marijuana DUI charges are serious, and the consequences can be life-altering. Whether you were pulled over for a routine traffic stop or involved in an accident, you do not have to face the legal system alone.
Call Nevins & McAllister at 610-372-5128 to schedule your confidential consultation with one of our experienced marijuana DUI lawyers in Reading, PA. We will explain your rights, evaluate your options, and build a strategy to fight the charges against you.