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Dui for marijuana

Harrisburg, PA |

Can you get a dui if you smoke marijuana the night before you got pulled over. It had been almost 24 hours since I had smoked and I was taken in for a blood test, the officer said my eyes were glassy. I had two 16oz beers before the police pulled me over. But I was driving on a DUI SUSPENDED LICENSE already. I think ill be okay on the beers but I'm concerned about the marijuana.

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Attorney answers 3


I would be somewhat concerned about the marijuana. Marijuana is a fat soluble drug, meaning the THC inside of it wants to cling to a person's fat cells. Thus, marijuana takes much longer than other illegal drug to metabolize out of your system. 1 week after use, 30% of people will still test positive for THC.

However, you should look up the statute for DWI in Pennslyvania. Most DWI statutes prohibit "impaired driving" not necessarily the mere presence of marijuana in the blood of a person driving.


In Pennsylvania, one is not allowed to drive with "any amount" of a Schedule I substance in your system. See 75 PaCS 3802(d)(1)(i). Furthermore, one is not allowed to drive while under the combined influence of any drug and alcohol. 75 Pa.C.S. 3802(d)(3).

Judging by the reference to a DUI suspended license, it is highly likely that you will face the penalties for repeat offenders. For either DUI-Drugs or DUI- Combined Drugs and Alcohol, the mandatory minimum sentence is 90 days for a second offense, or 1 year for a third or subsequent.

The driving under DUI related suspension carries its own 90 day mandatory minimum in this instance.

The long and short of it that you need legal representation badly. Call me for a free consultation.


You can be charged under the statute even if you have metabolites of marijuana in your system because it is a schedule I controlled substance. So, as the law is currently written it is certainly possible to be guilty under Sec. 3802 even if you used the marijuana the day before (or even several days before). This is one of the reasons that the offense was renamed "Driving After Imbibing" instead of "Driving Under The Influence".

You can be guilty under this statute even if you are not currently "under the influence" - meaning that you have the active part of Marijuana in your blood. These "metabolites" are what results when your body breaks down the active portion of marijuana - meaning that metabolites show that you have used marijuana but not when.

If this seems patently unfair - that is because it is. Under the current statute you can be found guilty when your driving abilities may no longer have been at all affected by the marijuana.

You should definitely consult with a local attorney.