Understanding DWI Charges Related to Marijuana: A Guide from Jack Rice Defense
When it comes to driving while impaired (DWI) charges associated with marijuana use, the legal landscape differs dramatically from that of alcohol-related offenses, although the police may want you to think otherwise.. Unlike alcohol, which has a clear numerical threshold of .08 BAC, proving impairment due to marijuana hinges on demonstrating actual impairment rather than simply the presence of THC in one's body. This is where the significance of the Drug Recognition Evaluation (DRE) is supposed to come into play. If you're facing a DWI charge connected to marijuana, it's essential to consult with an experienced criminal defense attorney.
“The mere presence of THC in itself does NOT establish impairment and there is no test nor scientific study that establishes that it does.”
So, what exactly is a DRE? It’s a supposedly thorough assessment executed by a certified drug recognition evaluator (DRE). This evaluation consists of a 12-step process designed to determine not only if a driver is impaired but also the specific class of drugs responsible for the impairment, which can range from stimulants to depressants, including cannabis. However, be warned that there is a lot of junk science here.
The DRE evaluation is supposed to incorporate various tests, such as physiological measurements, observational tasks, and psychological assessments that evaluate the driver’s divided attention. The personnel conducting these specialized tests receive additional training but are not doctors nor are they capable of making diagnoses. According to the police, they are highly trained professionals, far beyond the standard officer level, and are adept at identifying signs of drug impairment.
In the context of marijuana impairment, certain indicators may signal impairment, including dilated pupils, the smell of marijuana, evidence of the drug in the mouth, red eyes, tremors, paranoia, and confusion. Conventional field sobriety tests are typically designed for alcohol, which is why the DRE protocol also includes specific evaluations, such as the Lack of Convergence (LOC) eye test and the modified Romberg test, to better assess the effects of cannabis. However, these have severe limitations.
According to the police, the DRE is vital due to its accuracy and relevance in gauging impairment. Since a blood test for THC does not necessarily indicate impairment—owing to various individual metabolism rates and the drug's prolonged presence in the system—the findings of a DRE often become the most compelling evidence in marijuana-related DWI cases.
“The State can’t simply fake this one. They are following the DRE protocols or they aren’t. One mistake and you may have to throw out the conclusion.”
If you find yourself facing a DWI charge related to marijuana, it's crucial to have a defense attorney who thoroughly understands the complexities of the DRE process and can effectively challenge the prosecution’s reliance on these evaluations. Jack Rice Defense is here to guide you through this challenging time. Contact us for a free confidential consultation at 651-447-7650 or 612-227-1339. When your future is at stake, ensure you have Jack Rice Defense by your side.
Jack is a nationally recognized and award winning criminal defense lawyer, awarded Among the Best Criminal Defense Lawyer of 2024, Minnesota Super Lawyer for 2023, Among the Best Lawyers of 2022, winner of the Minnesota Attorney of the Year Award for 2021 and founder of Jack Rice Defense. He was awarded the Professional Excellence Award from the MSBA for 2020, and is an MSBA Board Certified Criminal Law Specialist. He is also a former Prosecutor and a former U.S. Central Intelligence Agency Officer. This St. Paul Criminal Defense Lawyer has decades of experience successfully representing thousands of clients facing everything from Sex Crimes, Child Pornography, Domestic Assault to DWI to Murder to other serious criminal charges.