Boise Marijuana DUI Lawyer
Marijuana is still illegal in Idaho. We have some of the harshest laws against marijuana in the nation. If you have been stopped by law enforcement under the suspicion of impairment due to marijuana intoxication, you need to seek legal counsel as soon as possible.
A marijuana DUI offense can have a lasting impact on your future, which is why contacting a Boise marijuana DUI lawyer as soon as possible is vital. Trilogy Law Group has the experience to successfully defend you, so reach out for guidance.
What Is a Marijuana DUI in Boise?
Many states have legalized marijuana use, but Idaho is not one of them. Unlike being stopped for driving under the influence of alcohol, there is no roadside testing yet to determine THC levels in your blood or body fluids.
Because THC can stay in your system long after you’ve used it last, frequent cannabinoid users may test positive even if they are not under the influence or impaired. The penalties for impaired operation of a motor vehicle are taken very seriously and laws are strictly enforced.
If you are stopped under the suspicion of impaired driving and are found to have marijuana in your system, the consequences can be severe. The legal limit for marijuana testing is zero, so if you’re tested and any amount of the substance is in your system, you may be arrested and charged with a marijuana DUI.
Penalties for a Marijuana DUI in Boise
Possession of any more than three ounces of pot is a felony. State laws outline the penalties for possessing a controlled substance such as marijuana. If you are found in possession of more than three ounces, you may face felony charges, with up to five years in prison, a fine of up to $1,000, or both.
If you are stopped due to erratic driving and suspected of marijuana intoxication, you may face penalties for a DUI. Even a first-time DUI is a misdemeanor violation, which means up to six months in jail and fines of up to $1,000. You may also face license suspensions and other issues due to the mark on your criminal record.
A second violation within ten years of your first can result in incarceration of ten days to one year. The maximum fine increases to two thousand dollars. Your license will be suspended for a minimum of one year and you will not be eligible for a restricted permit. An ignition interlock device may be mandated.
Your third offense will now be considered a felony if it occurs within ten years of your two prior incidents. The penalties increase in severity. You now are facing a mandatory minimum jail time of thirty days up to five years. Monetary fines increase to a maximum of five thousand dollars and license suspension ranges from one to five years. A restricted permit is not an option.
What If I Refuse a Boise Sobriety Test?
Any Boise driver has also given implied consent for chemical testing if pulled over for suspicion of impaired driving. Lack of participation in the evidentiary testing for the presence of drugs in your system will result in an initial fine of $250 and immediate seizure of your license. The officer will need to warn you of these penalties.
Rather than refusing a sobriety test, it’s often easier to defend your future against these accusations than to fight an automatic suspension. Talk to your Boise marijuana DUI attorney for guidance on your next steps.
Can I Be Stopped at a Sobriety Checkpoint in Boise?
Sobriety checkpoints are not legal in Idaho. The courts have determined that roadblocks that are designed to deter DUI or drunk or drugged driving aren’t permitted as it violates the Constitution.
If there is a lack of probable cause to believe a crime is being committed, it’s unlawful to search and accuse drivers of violations. If you believe you were unfairly stopped, reach out to a marijuana DUI lawyer in Boise for guidance.
Talk to a Marijuana DUI Lawyer in Boise
If you are facing criminal penalties because you were accused of driving under the influence of marijuana, you may need legal counsel from a Boise marijuana DUI lawyer as soon as possible. Attorneys with extensive experience in DUI cases know what to look for and investigate to ensure your rights are upheld.
Contacting an experienced defense attorney is the most important step you can take when facing marijuana DUI charges. Connect with the professionals at Trilogy Law Group by calling 208-968-9060 or completing the online form below and let us prepare your defense today.