Friday, April 25, 2014

Does marijuana in my system mean an automatic DUI?



I smoked pot a few days prior to my DUI arrest, can I be still be charged with Driving Under the Influence of marijuana?

According to a decision by the State of Arizona Supreme Court, not necessarily. The High Court (no pun intended) in Arizona stated that without evidence of unsafe driving, there is no correlation between marijuana in your bloodstream and Driving Under The Influence.

Will this defense work in Georgia? Possibly. A defense that would include the Arizona Court’s decision and scientific evidence could possibly convince a judge or jury that a DUI did not occur. Be wary though, we're not comparing apples to apples here.  While Arizona has legalized marijuana use to some extent, Georgia still prohibits all use of marijuana.  In Georgia, the possession of marijuana is a misdemeanor or felony crime (depending on the amount, among other factors).

Contact an experienced DUI attorney to go over your case and determine your best course of action.

Criminal defense attorney Brandon Rosenbloom represents clients who have been accused of crimes, including DUI, traffic violations, theft and drug possession.

A former Fulton County prosecutor, Brandon combines his training, experience and passion to serve those accused of crimes in the greater Atlanta area, including Cobb, DeKalb, Fulton and Gwinnett counties.