Boise Marijuana DUI Attorney
Defense Focused on Evidence of Drug Impairment
Marijuana remains illegal in Idaho despite its legalization in various states. A marijuana DUI charge can expose you to fines, jail time, and consequences that affect your future. Our Boise marijuana DUI lawyers can begin examining the evidence and circumstances surrounding your arrest.
Boise DUI Guy answers the phone 24/7. Call (208) 415-9943 today.
Understanding Marijuana DUI Charges
Identifying marijuana impairment differs significantly from identifying alcohol impairment because there’s no standardized roadside test that measures whether a particular THC level caused impairment.
THC, the active compound in marijuana, can remain detectable well beyond the period of last use. A regular user could test positive even when no longer under its influence or impaired.
Idaho law prohibits driving or being in actual physical control of a vehicle while under the influence of drugs or another intoxicating substance. Idaho doesn’t set a numerical THC concentration as the legal limit for driving. A positive test is evidence the prosecution may use, but the charge still requires evidence connecting THC to impairment at the time of driving.
How Marijuana Impairment May Be Investigated
Without a roadside THC breath test or numerical limit, investigators may consider several forms of evidence:
- Driving behavior
- Officer observations
- Field sobriety testing
- Statements made during the stop
- Chemical testing
Prosecutors may also rely on other competent evidence when a test is refused, unreliable, or ruled inadmissible. An officer’s observations must be compared with video, reports, test results, and the circumstances of the encounter rather than treated as automatic proof of drug impairment.
Out-of-State Marijuana Use & Idaho DUI Law
Idaho has no legal recreational or medical marijuana program. Authorization under another state’s law doesn’t provide a defense to an Idaho DUI charge, and lawful consumption elsewhere doesn’t change the evidence the prosecution must prove here.
The Consequences of Marijuana DUI Charges
The potential penalties increase with each offense:
- A first DUI charge can be a misdemeanor. It can carry up to six months in jail, a fine of up to $1,000, and a driver’s license suspension lasting from 90 to 180 days.
- A second offense within a decade can bring ten days to one year in jail and a fine of up to $2,000. The resulting license suspension lasts at least one year, during which no restricted permit is available, and an ignition interlock device will be required afterward.
- A third violation within ten years is a felony. It can carry up to 10 years in prison, a fine of up to $5,000, and a driver’s license suspension lasting from one to five years.
When there’s a viable way to challenge the charge, our Boise marijuana DUI lawyers pursue it. We explore every available avenue of defense.
Probable Cause in a Marijuana DUI Case
Probable cause is the legal standard law enforcement must meet before arresting someone, conducting a search, or obtaining a warrant. A traffic stop generally requires reasonable suspicion based on specific facts suggesting that a traffic or criminal violation occurred. A later arrest generally requires probable cause supported by the facts known to the officer.
Officers may cite erratic driving, the smell of marijuana coming from the vehicle, or the driver’s appearance and behavior during the stop. Evidence gathered through an unlawful stop, arrest, or search can be challenged and potentially deemed inadmissible in court.
We examine each stage of the encounter. If the stop was based only on a vague hunch, or the officer’s observations didn’t support the arrest, search, or testing that followed, we can challenge the resulting evidence.
We also examine the reliability and handling of chemical tests used to detect THC in the driver’s system.
We review the full circumstances of the arrest and develop a defense strategy tailored to the evidence in each client’s case. Our firm has handled hundreds of successful DUI and criminal cases.
Real Stories, Real Results
Client Reviews & Testimonials
Marijuana Metabolites & Proof of Impairment
State v. Stark illustrates the legal distinction between past marijuana consumption and impairment while driving. In that 2013 decision involving a Boise driver, the Idaho Court of Appeals held that carboxy-THC is a marijuana metabolite, meaning a substance produced as the body processes marijuana, rather than the active intoxicating compound.
A blood test showing carboxy-THC alone demonstrates prior consumption. Under State v. Stark, the prosecution must also establish a connection between that prior consumption and impairment at the time of driving. The court reversed the marijuana DUI conviction in that case, but the evidence and legal issues still require an individual review in every prosecution.
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"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.
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"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.
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"I would recommend to anyone needing help!"Boise DUI Guy is 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.
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"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.
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"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.
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"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
Boise DUI Guy has been fighting DUI cases since 2018, and our individual attorneys have experience dating back as far as 2005. We understand the system, know how to investigate a case, and identify the evidence needed to defend our clients.
Call us today at (208) 415-9943 or reach out online to learn about a free consultation.