Possible DUI Defenses if You’re Arrested for THC DUI – Guest Post
If you are arrested for a THC DUI, the prosecution must prove that you were impaired while driving, not just that THC was present in your system. A positive test alone does not automatically mean you were unable to drive safely.
In recent years, new DUI laws have changed how marijuana-related DUI cases are investigated and prosecuted. While cannabis may be legal to possess or use in some states, driving under its influence remains illegal. These cases can be complex because THC affects people differently and can stay in the body long after use.
Knowing the possible defenses, like unlawful stop, unreliable sobriety test, and no clear evidence of impairment, can help you understand your options if you are facing a charge.
How Is a THC DUI Different From an Alcohol DUI?
Alcohol DUI cases usually rely on a clear legal limit, such as 0.08 percent blood alcohol concentration. THC cases do not have a universally accepted impairment limit.
THC can remain detectable for days or even weeks. This creates uncertainty about whether a driver was impaired at the exact time of the stop.
Because of this, prosecutors must rely on behavior, observations, and test results combined.
Unlawful Traffic Stop
A strong defense often begins with the traffic stop itself.
Police must have reasonable suspicion to pull you over. This may include speeding, swerving, or another traffic violation.
If there was no clear reason for the stop, your attorney may challenge it. Evidence obtained after an unlawful stop may be excluded from court.
Unreliable Field Sobriety Tests
Field sobriety tests are commonly used during DUI investigations.
These tests may include:
- Walking in a straight line
- Standing on one leg
- Following an object with your eyes
These tests were designed for alcohol detection. Fatigue, nervousness, injuries, or medical conditions can affect performance.
Improper instructions or uneven surfaces may also affect results.
Can THC Test Results Be Challenged?
Yes. Chemical test results are not always conclusive.
Possible issues include:
- Improper handling of blood samples
- Delays between driving and testing
- Lab errors
- Equipment calibration problems
A positive THC result does not prove when marijuana was consumed or whether impairment existed while driving.
Was There Clear Evidence of Impairment?
In a THC DUI case, impairment is the key issue.
The prosecution must show that your driving ability was affected. Signs may include unsafe lane changes, slow reactions, or erratic driving.
If there was no accident and no clear unsafe driving behavior, that may weaken the case.
Were Proper Procedures Followed?
Officers must follow specific legal procedures during DUI investigations.
Procedural errors may involve:
- Failing to read your rights
- Conducting improper searches
- Forcing consent for testing
- Failing to follow testing protocols
If procedures were not followed correctly, your attorney may seek to suppress evidence.
Could a Medical Condition Explain the Symptoms
Some health conditions can resemble signs of impairment.
Examples include:
- Anxiety
- Low blood sugar
- Fatigue
- Neurological conditions
If symptoms were caused by a medical issue rather than THC, this may support your defense.
What Should You Do After a THC DUI Arrest?
Taking the right steps can protect your case.
- Avoid discussing the case without legal advice.
- Request copies of test results and police reports.
- Write down your recollection of events.
- Preserve medical records if relevant.
- Contact a DUI defense attorney promptly.
Acting quickly can help identify weaknesses in the prosecution’s case.
Why THC DUI Cases Can Be Challenged
Unlike alcohol cases, THC DUI charges often rely on interpretation. There is no simple number that proves impairment.
The state must connect THC presence to actual unsafe driving. If that connection is weak, the defense may challenge the charge successfully.
Every case depends on its specific facts and evidence.
Key Takeaways
- A THC DUI requires proof of impairment, not just THC presence.
- THC can remain in the body long after use.
- Unlawful traffic stops can weaken the case.
- Field sobriety tests may not reliably measure THC impairment.
- Lab errors or testing delays can be challenged.
- Medical conditions may explain observed symptoms.
- Acting quickly improves your defense options.