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Marijuana DUI

Boise Marijuana DUI Attorney

Marijuana remains illegal in Idaho despite its legalization in various states. Driving with it in your system can result in fines and potential jail time. These charges can impact your life today and in the future. There is no time to lose in contacting our Boise marijuana DUI lawyers.

Trilogy Law Group answers the phone 24/7 and is ready to help. Call (208) 415-9943 today.

Understanding Marijuana DUI Charges

The process for identifying marijuana impairment differs significantly from that of alcohol, primarily because there isn't a standardized roadside test to measure THC levels in an individual's blood or bodily fluids yet.

THC, the active compound in marijuana, can linger in your system well beyond the period of last use. This means regular users could potentially test positive for THC even when they're not currently under its influence or impaired. 

Being pulled over on suspicion of impaired driving and subsequently testing positive for any trace of marijuana can lead to severe repercussions. Given Idaho's zero-tolerance policy towards marijuana consumption, any detected presence of this substance in your system could result in a marijuana DUI charge.

The Consequences of Marijuana DUI Charges

A first DUI charge will likely be a misdemeanor. This still entails a jail sentence of as long as six months and a fine of as much as $1,000. The defendant’s driver’s license will be suspended for at least 90 days and possibly as long as 180 days. 

A second offense within a decade escalates the situation, with possible jail time ranging from ten days to a year, and fines doubling to $2,000. The resultant license suspension lasts at least one year, during which no restricted permit is available, and installation of an ignition interlock device on the vehicle might be required.

A third violation within ten years means the charges will be for a felony. This brings more stringent penalties, including a mandatory jail term that can be as long as five years. Fines can go as high as $5,000. License suspension after a third offense could be as long as five years, without the possibility of acquiring a restricted permit.

This means that if there is any viable way to challenge the charges, a Boise marijuana DUI lawyer should pursue them. Our office explores every possible avenue of defense. 

Probable Cause in a Marijuana DUI Case

Probable cause refers to the legal standard that law enforcement must meet before arresting someone, conducting a search, or getting a warrant. Essentially, it means that officers must have factual evidence or reasonable suspicion that a person has been driving under the influence before they pull someone over.  

This could stem from observable signs such as erratic driving, the smell of marijuana emanating from the vehicle, or the driver's physical appearance and behavior during the traffic stop. Without establishing probable cause, any evidence gathered during an unlawful stop can be challenged and potentially deemed inadmissible in court.

A defense lawyer can challenge probable cause on several fronts. If the defense can demonstrate that the stop was based only on a vague hunch rather than concrete evidence or that the officer's observations did not align with the standards of probable cause, the foundation of the prosecution's case might begin to crumble. 

Furthermore, defense attorneys may also contest the reliability and handling of any chemical tests conducted to detect THC in the driver's system. Given the complexities surrounding marijuana impairment—such as THC's ability to remain in the bloodstream long after its effects have subsided—the defense can argue that the presence of THC alone does not constitute impairment at the time of the arrest. 

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Client Reviews & Testimonials

At Trilogy Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

    "Highly recommend."
    Several years ago, I had a DUI. People make mistakes and Aaron and his team were there to help me out in a pinch! Everyone was very friendly, empathetic and made me feel secure when I thought life was over. I never had any questions as I was always in the know regarding my case along with procedures. I highly recommend Aaron and his firm.
    - Keri A.
    "Very kind, very helpful."
    Would highly recommend, I had a very complicated series of issues and was able to get clear and concise direction on a recommended way to proceed. Very kind, very helpful.
    - Jack H.
    "I would recommend to anyone needing help!"
    Erik O’Daniel and Trilogy Law Group were amazing!!! I really enjoyed working with them. They made a really stressful and difficult time easier with such professionalism and kindness. I would recommend to anyone needing help!
    - Chance D.
    "Knowledgeable and honest."
    Eric Baldwin has been my lawyer for many years he is always there to help me. Very knowledgeable and honest.
    - Anna S.
    "Definitely recommend!"
    Aaron answered my phone call immediately, was an attentive listener, and was very helpful in answering my questions I had. Definitely recommend!
    - Jackie K.
    "He helped me above and beyond my wildest expectations."
    Erik O'Daniel represented me and helped me above and beyond my wildest expectations and continued to help me through the entire process when I had questions or if I was frustrated and needed to vent.
    - Sam J.

Experienced Help You Can Trust

Trilogy Law Group has been fighting DUI cases since 2018, and our individual attorneys have experience that dates back as far as 2005. We understand the system, we know how to investigate a case, and we know what evidence is needed to help our clients. 

Call us today at (208) 415-9943 or reach out online to set up a free consultation.

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