In recent years, more states have legalized marijuana for medical or recreational use, but not Kentucky. Driving in Louisville, KY, with any amount of marijuana in your system can lead to arrest and a conviction.
If you’ve been charged with a marijuana DUI in Louisville, Kentucky, it’s important to talk to an experienced criminal defense lawyer right away to start building your defense. For legal assistance, contact us at Suhre & Associates, LLC calling at (502) 371-7000 to schedule a free consultation with a Louisville marijuana DUI lawyer.
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How Suhre & Associates, LLC, Can Help If You’re Arrested for a Marijuana DUI
If you were recently arrested for a marijuana DUI in Louisville, KY, you likely have legal options available to you in response. Here’s what we can do for you:
- We will review all evidence and determine if procedures were followed during your arrest and chemical test. This is done by examining all evidence collected during the arrest, such as field sobriety tests or breathalyzer results.
- If we believe something was done incorrectly or was a violation of your rights, we will file motions to suppress the evidence so it cannot be used against you.
- If we aren’t successful at getting your charges dropped or dismissed early on, we will discuss the charges with the prosecutor and try to negotiate a plea deal for a lesser charge. You always have the right to go to trial, but the negotiation process may lead to a favorable outcome.
- Finally, if necessary, we will represent you in court hearings and trial proceedings where we will argue your innocence and show why the prosecution hasn’t met their burden of proof.
Are you ready to begin forming an attorney-client relationship? Contact Suhre & Associates, LLC, today to schedule a free consultation with a trusted Louisville DUI attorney.
Overview of Marijuana DUI in Louisville
In Kentucky, driving is illegal if there is any marijuana in your system.
There is no minimum level of marijuana required for a drugged driving charge; simply having trace amounts of THC—the psychoactive compound in marijuana—in your system is enough to get you arrested and prosecuted for a marijuana DUI.
What Are the Penalties for a Marijuana DUI in Louisville, Kentucky?
The consequences of being found guilty of driving under the influence of marijuana can include losing your license, fines, jail time, and more. Even if you successfully plead down the charges, you may still face license suspension, probation requirements, and drug screening tests as part of your plea agreement.
First-Time Marijuana DUI Conviction
A first-time marijuana DUI offense is usually considered a misdemeanor. For this conviction, you face fines of $200-$500 and jail time ranging from 48 hours to 30 days. The judge may also require community labor for 10 days to 6 months. If aggravating factors are present, these penalties can be increased further.
Second-Time Marijuana DUI Conviction
If you are convicted of a second marijuana DUI within ten years, the penalty increases. You will face fines of $350-$500 and jail time ranging from 7 days to 6 months in county jail. Depending on your situation, the court may also issue additional punishments, such as community service or suspension of your driver’s license.
Third-Time Marijuana DUI Conviction
A third conviction within ten years carries a mandatory minimum of 30 days in jail, up to 12 months, and a fine of at least $500 but not more than $1,000. You may also be required to complete community service hours, and your driver’s license will be suspended.
Fourth and Subsequent Marijuana DUIs
Penalties increase with each subsequent offense within ten years. For example, a fourth conviction is a Class D felony, which carries a minimum of 120 days in jail and a 5-year license suspension.
Consequences of Refusing a Chemical Test
Kentucky has an implied consent law for drivers, meaning any driver on the road agrees to be subject to a chemical test (blood, urine, or breath) if asked by law enforcement officers. Refusal to take these tests can result in losing your driving privileges, fines, and possible jail time. Your refusal may also be admissible in court proceedings and used against you.
What Defenses Can Be Raised If I’m Accused of a Marijuana DUI?
If you are facing charges for a marijuana DUI, there are several defenses available to you. The following are some of the most common defenses raised in marijuana DUI cases.
The Police Officer Lacked Probable Cause
If the officer did not have probable cause to pull you over, any evidence obtained after the stop should be excluded from court – including observations, statements, and chemical tests.
Chain of Custody Errors in Your Blood or Urine Test
For evidence obtained through blood or urine tests to be valid, it must meet certain requirements. One requirement is a chain of custody; this ensures that all samples tested are properly collected and stored securely throughout their entire journey from collection to testing and analysis.
If there was an error in the chain of custody with your sample, then any results obtained may not be admissible in court.
No Evidence That You Were Driving
Another defense available to those charged with DUIs involving marijuana involves arguing that you were not actually driving or in control of the vehicle. For example, showing that you were asleep in the back seat while the car was parked legally at your arrest.
Or, sometimes, the police may arrive at the scene with presuppositions about what happened. If you weren’t in the driver’s seat and other people were on the scene when the police arrived, you can argue that there’s no proof that you were driving.
Schedule a Free Case Evaluation With Our Louisville Marijuana DUI Lawyers
The lawyer you choose could be the difference between a conviction or an acquittal. When you hire Suhre & Associates, LLC, you’re hiring an experienced criminal defense firm that will do whatever it takes to get you the best outcome.
Contact Suhre & Associates, LLC, today to schedule a free consultation with a Louisville marijuana DUI attorney.