Delta-9-THC concentration usually drops below 5 ng/mL within 3-4 hours post dose. Frequent users may have longer detection times. Delta- Carboxy THC is the metabolite which remains in the body after THC is consumed. The Carboxy is a poor method of determining but is an indication of usage. Delta-9-THC is much better predictor of actual impairment or recent usage.
Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.
In PA, if you have either the metabolite (Delta-9 Carboxy THC) or the active ingredient (Delta-9 THC), you are guilty of a DUI.
I am not certain that is what you were charged with, however, it appears that since you were "pulled over" that is what you are concerned about. I know that this seems unfair, but that is the law. It is so stringent, that it appears that even if you smoked it legally in the last month in Amsterdam or in California with medical marijuana, you are still in violation of the DUI statute. I know it sounds ridiculous, but that is the truth.
There may be defenses and I encourage you to see an experienced DUI attorney ASAP.
Both answers above are excellent as they address the collateral issues as well as the substantive issue.
The processes utilized in Franklin and Cumberland Counties are vastly different. Thus, it is imperative to have an attorney, like me, who is familiar with the law as well as the local procedures. Because I regularly practice in both counties, I can assure you that, If this is your first offense for DUI, there are a number of defenses and alternatives to conviction available.
F. Dean Morgan, Esquire
The Morgan Law Firm
All of the responses have offered relevant and sound advice. As has been suggested, if you have been charged with DUI with the referenced levels, you face mandatory jail upon conviction even for a first offense. You need a full evaluation of your case to assess your rights and options. You should consult with an experienced DUI defense attorney in your area. We offer a free phone consultation.
The information provided herein neither creates an attorney-client relationship nor should it be used or relied upon to make any decision in your case. You should consult with an attorney to obtain a full evaluation of your case.
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