DUI Marijuana - Legal Advice, Legal Help, Legal Aid - Free Legal Help

Smoking marijuana and driving is often thought by some (almost always those who have never experimented with the plant) to be a very dangerous act and I'm not here to try to disprove this but on a side note before we start I should mention that the famous scientist Carl Sagan has been quoted for saying:

"I don't advocate driving when high on cannabis, but I can tell you from personal experience that it certainly can be done." - Carl Sagan, American astronomer, astrochemist, author

First off, Carl Sagan is by no means an authority on marijuana, although I'm sure many stoners highly admire his work (if you consume cannabis, you may want to pass on driving and just watch his series "COSMOS" instead). Second, "can" doesn't mean should since drinking and driving "can" be done to a certain extent as well. However, since studies tend to show more automobile accidents occur under the influence of alcohol I will be slightly more liberal on the topic of driving under the influence of marijuana then I was on the topic of drunk driving (an often more dangerous and deadly combination) and include less disclaimers on the topic. From hereon out just legal advice!

So your pulled over and you've just been smoking a few doobies (hopefully not hotboxing!), what do you do, your eyes are all red and your baked, ahhh! OK, calm down, first reassure yourself that you don't look high, even if you do look high. Some peoples eyes get more red then others and this may prove somewhat problematic but maintain that you are tired. Unlike with alcohol (which calms your nerves) you may be a little anxious, no need to be anxious, just remember, it is almost impossible to prove someone has consumed cannabis before driving and almost every case of heard of the person was paranoid a figured he would be better off coming clean. Never tell a cop anything that can incriminate you, as the ACLU says, COPS ARE NOT ON YOUR SIDE! So your tired, maintain that story, no matter how much you are harassed. Cops will usually continue to harass you until they get tired or smell/see marijuana so make sure if you do drive high, you don't smell like marijuana or possess marijuana somewhere where it can be seen or smelled, better yet, leave your pot at home!

Where should I put my pot if I have it with me when driving?: EXCELLENT QUESTION! First, make sure it is in an airtight container, marijuana has a strong distinct oder so this is very important, if they can smell it, they can search your car or you. Put the marijuana in your glovebox and LOCK IT! Keep your registration somewhere ELSE! Make sure you don't need to get to your glovebox IF you are pulled over.

Should I let the cop search me and/or my car?: Regardless of whether or not you have anything illegal on you the answer to a cop asking if he can search you or your car should always be a firm NO.

"Do you mind if I search your car?" - "Yes, I do officer." or "I do mind officer."

The key to knowing whether a police has the right to search you or your vehicle is if he asks you. If he smells marijuana he won't ask you, I don't know exactly what they will do but never physically resist, only verbally request.

If they ask to pat you down be sure to ask them to limit their pat down to a "Terry Frisk."

"Officer, please limit your pat down to a terry frisk."

This lets the officer know that they only have the right to pat down the outermost layer of your clothing for weapons. Anything that doesn't feel like a weapon is outside of the realm of a terry frisk. This is for the officers safety and they do have the right to do this but they can't pull out medicine bottles, smoking pieces, etc., only items that feel like weapons (i.e. guns, knives, or maybe brass knuckles?) any evidence ceased during a terry frisk that is not a weapon cannot be used against you and if you are charged you have the right to file a motion to supress evidence.

Anyways, when pulled over, don't lower your window all the way, like stated in the drunk driving article, be respectful, maintain that your tired if the officer asks why your eyes are bloodshot and you should be back on the road driving after what is hopefully not too much harassment.

Testing for marijuana that is actively present in a person is NEARLY IMPOSSIBLE, unlike alcohol, marijuana stays in your fat cells for up-to 2-3 weeks so unless it is some extraordinary circumstance it is nearly impossible to get charged with a DUI for driving while high on marijuana unless you yourself disclose this and you would be amazed how many people do after being harassed by cops. Cops are manipulative, they are not smart, just sly like foxes, they don't know anything but we'll pretend they know exactly what they need to know to book you, you need to be smart (even a little whit can get you out of this situation) and maintain that you are tired, simple as that.

"Officer, I'm tired, I don't believe I've done anything wrong, may I go now?"

"Thank you officer, have a nice day."

Those two sentence should be able to get you out of a marijuana mess and back home lighting the bong in no time. Just don't be nervous and remember that you are your worst enemy in a marijuana related DUI, unless you or someone your with outs you or you act like a fool there is almost no way to book you for a marijuana related DUI. Bloodshot eyes are hardly enough to book someone and the cop will make this there zinger with "I know you stoned, just admit it, honesty is all I want" crap, cops are not on your side as disappointing it is to say it and I have said it before and I'll say it again, cops aren't smart, they are just less-then-educated people with a badge, gun, and a flashlight who feel superior to you for those very reasons. Be respectful and maintain your innocence. This bring us to the conclusion of a marijuana DUI.

Be safe, ensure those around you are safe, and stay out of trouble!