A person can be charged with DUI for many reasons. Although the state of Pennsylvania is considering legalizing recreational marijuana use, using or possessing marijuana is still a crime punishable by fines and jail time. In Pennsylvania, driving with any of the following in your system can lead to an arrest for DUI including: a controlled substance, an illegal substance, a non-prescribed medication, the metabolite of a controlled substance and a combination of drugs and/or alcohol in your system.
You should be aware, the metabolites of pot can linger in your system for weeks, up to nearly one month. This means you could be arrested and charged for DUI with only traces of pot in your body. When the police are involved they need only to prove you had pot in your system at the time you were driving and arrested.
You also have the right to refuse a chemical test. However, refusing to consent to the test will likely be used to attempt to prove you were under the influence. Additionally your license can be suspended by the Department of Transportation for refusal, which is outside of any criminal conviction, even if you are eventually found innocent of the DUI.
If you or a loved one have been charged with a DUI with marijuana contact Gummo Law Office to discuss your options and strategies for your case.