Understanding DWI Charges Related to Marijuana in St. Paul and Ramsey County: A Guide from Jack Rice Defense
As the legal landscape evolves, Driving While Impaired (DWI) charges connected to marijuana use in St. Paul and throughout Ramsey County differ significantly from alcohol-related offenses. While alcohol has a definitive legal limit of .08 BAC, impairment due to marijuana is determined by demonstrating actual impairment, not just the presence of THC in a person's system. This distinction underscores the importance of understanding the legal implications of DWI charges related to marijuana. If you are facing a Driving while intoxicated charge because of THC, make sure you consult with an experienced St. Paul DWI Defense Attorney.
“Just because you have THC in your system does not mean that there is impairment and there is no scientific study to prove it.”
One critical tool in assessing marijuana impairment is the Drug Recognition Evaluation (DRE). This comprehensive 12-step process is executed by specially trained DRE officers who assess whether a driver is impaired and identify the specific class of substances involved, including cannabis. However, it's essential to approach the DRE with caution, as the science surrounding these evaluations can be inconsistent and open to challenge.
The DRE process involves various tests, including physiological assessments, observations, and cognitive evaluations that examine a driver's divided attention. Although DRE officers receive additional training, they are not medical professionals and cannot provide a diagnosis. Law enforcement claims that these officers are highly qualified to detect drug impairment, yet their conclusions require rigorous scrutiny.
For marijuana-related DWI cases, typical indicators of impairment may include red eyes, dilated pupils, the smell of cannabis, and signs of anxiety or confusion. While standard field sobriety tests are tailored for alcohol impairment, the DRE includes specialized assessments, such as the Lack of Convergence (LOC) eye test and the modified Romberg test. However, these tests can have their shortcomings.
The DRE is often portrayed as an accurate tool for assessing impairment, largely because THC levels in the blood may not accurately reflect impairment levels due to different metabolism rates and the drug's lingering presence in the body. Consequently, the results of a DRE can become key evidence in marijuana-related DWI cases.
“The DRE protocols are extremely specific. You either get them right or you may have to throw out the conclusion.”
If you find yourself facing a DWI charge in St. Paul or anywhere Ramsey County connected to marijuana use, securing an experienced defense attorney is essential. A lawyer well-versed in the intricacies of the DRE process can effectively challenge the evidence presented by the prosecution.
Jack Rice Defense is committed to providing the guidance and representation you need during this challenging time. Contact us today for a free, confidential consultation at 651-447-7650 or 612-227-1339. When your future is on the line, trust Jack Rice Defense to advocate for your rights.
About Jack Rice
Jack Rice is a distinguished criminal defense attorney recognized nationally for his expertise. Among his accolades are being named one of the Best Criminal Defense Lawyers of 2024 and a Minnesota Super Lawyer for 2023. As the founder of Jack Rice Defense, he has also received the Minnesota Attorney of the Year Award for 2021 and the Professional Excellence Award from the Minnesota State Bar Association (MSBA) for 2020. An MSBA Board Certified Criminal Law Specialist with a background as a former prosecutor and CIA officer, Jack brings unparalleled experience to your defense.