So you know someone who was pulled over and received a DUI citation. Your friend explained about he was speeding, the cop pulled him over, he had to go through all the field sobriety tests, and then he was arrested. Then he followed the whole story with the “what if” moment of reflection and advice.

But not many people know anyone who has received a DUI citation for driving after using marijuana. In fact, many people don’t even know you can receive a DUI citation for driving under the influence of marijuana.

So what does driving under the influence of marijuana entail?

1) Elements of the offense.

There are two main elements of the offense of driving under the influence of marijuana. The first and seemingly obvious element is that the driver must have been driving a motor vehicle. While this element is generally indisputable, there are occasions where there is a question of whether the person was actually driving.

Second, the prosecution must prove that the driver used marijuana and that, by using the marijuana, the driver’s ability to operate the motor vehicle was impaired. In other words, the driver was under the influence of marijuana.

2) How does the State prove it?

There are several ways the prosecutor will try to prove the case against the driver. First, the police officer (or officers) present at the scene will testify about what they observed. These observations will include how the driver looked, smelled, acted, talked, walked, drove, etc. Additionally, if the officer conducted field sobriety tests, then he or she will testify about how the driver performed on the tests. Finally, the State may have a chemical or scientific test measuring the presence and amount of any marijuana present in the driver’s body at the time of the stop, or shortly thereafter.

3) What is the problem?

Actually there are two major problems with the State proving driving under the influence of marijuana cases.

First, there is no accurate way to measure THC levels. THC stands for tetrahydrocannabinol, and it is the active ingredient in marijuana. A person can literally test positive for marijuana days, weeks, or sometimes months after using the drug. How long the THC will stay in a person’s body and be detectable by a test depends on various factors and, as a result, it is difficult to measure when the driver actually took the drug.

Consequently, because there isn’t a reliable way to measure THC levels in a driver and when the marijuana was actually used, the prosecution must resort to other forms of proof. One form of proof comes in the form of field sobriety tests which are themselves inherently unreliable. Performance on field sobriety tests is measured by the subjective observations of the police officer. Finally, there is some scientific evidence that marijuana impairment doesn’t correlate to the motor skills required to safely drive an automobile. All of these issues add up to questionable methods of proving a marijuana DUI. Yet they are prosecuted every day.

What happened to the burden of beyond a reasonable doubt?

You are not my client, and I am not your attorney. This is not legal advice. It is merely information. But a DUI citation carries with it a load of consequences. For this reason alone, it is important to act quickly to obtain vital information necessary for a proper legal defense when charged with marijuana DUI. If you receive a DUI citation in DC or Maryland, contact a DC DUI lawyer or Maryland DUI attorney without delay.