Kentucky Marijuana DUI Attorneys
Driving under the influence of marijuana in Kentucky is a crime. Though Kentucky allows medical marijuana use under limited circumstances, it is still a crime to operate a motor vehicle under the influence of marijuana. A driver will be found guilty of a marijuana DUI if his/her mental and physical faculties are impaired by marijuana. Read on to learn more about Kentucky marijuana DUI laws.
Driving Under the Influence of Marijuana
A driver with minuscule amounts of THC in his/her system may not be charged with a DUI so long as he/she is not “under the influence” of marijuana. Being under the influence of marijuana means a driver’s physical and mental faculties are too impacted to drive in accordance with motor vehicle laws. It is especially difficult for law enforcement to prove a person consumed forms of THC before driving. This is because blood and urine tests can detect marijuana in a driver’s blood several weeks after usage. Police officers rely on field sobriety tests to determine whether a driver is under the influence of marijuana. Field sobriety tests include the following:
- Horizontal Gaze Nystagmus
- Walk and Turn Test
- One-Leg Stand
If a driver fails two of the tests, the officer will take him/her into custody for further testing. At the police station, the driver will be required to take either a urine or blood test. These tests are often flawed because they fail to indicate whether a person consumed marijuana before driving. The prosecutor must obtain sufficient evidence for a driver to be charged with a marijuana DUI. Contact my law office for more information on how I can get your marijuana DUI case dismissed.
Penalties & Fines for Marijuana DUI In Kentucky
A first time offender may be sentenced to spend up to 96 hours to 6 months in jail, pay a fine between $390 to $1,000, and face up to six months of driver’s license suspension. Also, the defendant will be required to install an ignition interlock device in his/her vehicle. A subsequent conviction within 7 years of the first conviction will result in the defendant serving between 90 days to one year in jail, pay a fine between $390 to $1,000, and face up to two years of driver’s license suspension. The offender will be required to install an ignition interlock device in his/her vehicle.
A third time offender may serve between 120 days and one year in jail, pay a fine between $390 to $1,000, and be required to install an ignition interlock device. In addition to the penalties and fines mentioned above, a judge may require the defendant to attend a Driving Under the Influence Program.
Contact An Owensboro, Kentucky Marijuana DUI Attorney
Our Louisville, Kentucky marijuana DUI defense attorneys invite you to contact their law office for a free consultation. They are very well versed in Kentucky marijuana DUI laws. Do not go through the criminal justice system without being represented by an experienced Bowling Green marijuana DUI attorney. Our team of Owensboro, KY marijuana DUI defense lawyers can review your case and provide you with legal advice. Depending on the nature of your case, they may be able to have the charge asserted against you reduced or completely dismissed.