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Can You Be Charged with Marijuana DUI if You Have a Prescription?

By Sills DUI & Criminal Defense Lawyers | November 21, 2017

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Many drivers in Connecticut may be unaware they can be convicted of driving under the influence without drinking a sip of alcohol. We’re talking about driving under the influence of drugs…more specifically marijuana. You can be arrested for driving while under the influence of marijuana, but what if you have a legal prescription?

Marijuana DUI with a Prescription

Driving under the influence of marijuana, even with a medical prescription, is just as illegal as drunk driving. Unfortunately, it is not an acceptable defense to claim you’re legally entitled to use medical marijuana. Prescription drugs like weed, Xanax, Adderall, and Ambien have intoxicating side effects that may impair your driving skills.

However, the process for proving a marijuana DUI case is much more difficult than an alcohol-related arrest. The reason is that toxicology reports for marijuana use only indicate if the substance is in your system, but not how much or how recently it was used. These limited capabilities make it tougher for law enforcement to prove your guilt and they are why you absolutely need an experienced DUI lawyer at your side.

Prescription Marijuana DUI Penalties

If you are convicted of driving while under the influence of marijuana, you could face the following penalties (first offense):

  • Fine of no less than $500 or more than $1,000
  • Imprisonment for no more than 6 months
  • 48 consecutive hours mandatory minimum sentence or 100 hours of community service
  • Operating privilege suspended for 1 year
  • Drug and alcohol treatment or education program
  • Victim impact panel program

Hire an Experienced DUI Lawyer to Represent You

The tests police officers use, such as reciting the alphabet backwards or walking a straight line, are many times inaccurate and difficult for even a sober person to complete. Since proving a marijuana DUI is not as easy to prove as driving under the influence of alcohol is, we can help build a strong case for your innocence.

If you have been arrested for driving under the influence of medical marijuana, contact our experienced Connecticut DUI attorneys at The Sills Law Firm immediately! We will do everything possible to protect your driving privileges and acquire a favorable outcome.

Contact us at (860) 524-8118 or fill out our online form to talk to a representative.

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