Driving Under The Influence Of Marijuana


If you have been accused of or are under investigation for driving under the influence, contact DUI attorneys at Bellwoar Kelly, LLP immediately to discuss your case and charges with an experienced Chester County DUI attorney..

Driving under the influence is a serious offense, punishable by up to five years in state prison.

Hire The Best Pennsylvania DUI Marijuana Attorney

To be found guilty of driving under the influence of marijuana, the government must prove that the defendant:

  1. Was in actual physical control of a moving vehicle
  2. Was on a Pennsylvania road
  3. Was incapable of safe driving as a result of marijuana ingestion or (2) had a metabolite of a Schedule I substance in his or her blood or (3) was under the influence of a drug or combination of drugs to a degree that impaired his or her ability to safely drive or (4) was under the combined influence of alcohol and a drug or combination of drugs to a degree that impaired the individual’s ability to safely drive. 75 Pa. C.S.A. §§ 3802(d)(1)-(3)

Hire An Aggressive Driving Under The Influence Of Marijuana Lawyer

In cases of driving under the influence of marijuana, Pennsylvania has a “per se” limit of how much marijuana you’re permitted to have in your system. Under Pennsylvania’s marijuana laws, you can be convicted of DUID if you have a level of 1 nanogram per milliliter of marijuana or its metabolites in your blood. If a driver has 1 nanogram per milliliter in his or her blood, this will conclusively establish that the driver is under the influence of marijuana. However, if the government cannot prove the requisite amount of marijuana blood concentration level required under the law, the prosecutor may still point to the driver’s actions, driving and performance on field sobriety tests to show that the driver was under the influence.

Chester County Drugged DUI Lawyer

Any amount of cannabis metabolites at or above 1ng/ml this level can be introduced as evidence of a per se violation of the statute proscribing operation with Schedule I metabolites and can be introduced in a proceeding for prosecution for driving while impaired by drugs. However, the mere presence of metabolites is not enough to convict for offenses requiring impairment. In such cases, the state must show actual impairment.

We represent clients in southeastern Pennsylvania, including Bucks County, Chester County, Montgomery County and Delaware County.