Asheville Marijuana DUI Lawyer

Asheville Marijuana DUI Attorney

Many people associate a DUI with alcohol consumption, but any intoxicating substance can lead to a DUI charge. If you are accused of being under the influence of cannabis while driving, you can hire an Asheville marijuana DUI lawyer to represent you in court. The commonplace use of hemp and cannabinoids for medical purposes and recent steps to decriminalize possession of small amounts of marijuana are all factors that could help your case.

As a former prosecutor, our founding attorney understands the high standards prosecutors must reach to secure a conviction. Our law firm can use that knowledge to demonstrate that the state’s narrative of events may not accurately reflect your conduct the day you were arrested.

Why Trust Edwards Law, PLLC

Any DUI conviction can jeopardize your employment status. Employers often view DUI charges as a significant liability, leading to potential job loss, difficulty in securing new positions, or restrictions on your driving responsibilities. Our founding attorney can help you maintain a clean record. Edwards Law, PLLC, has helped many clients who were charged with a DUI resolve their criminal charges on favorable terms.

Our founding attorney, a seasoned criminal defense lawyer with extensive experience in the Western North Carolina legal system, is dedicated to helping you fight DUI charges related to marijuana. He brings unmatched knowledge and commitment to defending clients facing underage DUI and other criminal charges.

Criminal Consequences of a Marijuana DUI

A DUI is typically charged as a misdemeanor in North Carolina. The classification of a DUI misdemeanor depends on factors like past convictions and the presence of aggravating factors, such as bodily harm, that may have been caused to victims if there was a car collision.

A DUI is generally not considered a felony offense, but multiple convictions for DUI can lead to felony charges. Misdemeanor charges can lead to jail time, fines, probation with restrictions, and other penalties.

Following a DUI arrest, your license will be automatically suspended. If convicted, you will face a minimum one-year suspension of your driver’s license. Under certain circumstances, you can hire an attorney to request that your driving privileges be reinstated, particularly if you are seeking permission to drive to and from work.

If drugs were found in your possession at the time of your arrest, you may face separate charges for drug possession. A marijuana DUI can lead to life-altering consequences, even if you have not been convicted of a crime and are dealing with criminal charges.

Legal Defense Strategies for Marijuana DUI

One strategy for anyone facing marijuana DUI charges is to establish that you were not impaired at the time of the arrest. Marijuana affects different people differently. While multiple servings of alcohol within one hour will leave most people feeling intoxicated, some people have incredibly high tolerance levels for marijuana.

An attorney could show that you were not impaired by presenting evidence of your behavior at the time of the arrest. Having a clean driving record or witness testimony that supports your sober behavior on the day of the arrest could also help your case. Medical marijuana patients may also argue that they were legally using marijuana and that the presence of THC in their system does not equate to impairment.

Another strategy could involve challenging the legality of the stop. Police must have reasonable suspicion to initiate a stop. Given the prevalence of legal smokeable hemp products in North Carolina, the scent of marijuana alone may not meet that standard. If your attorney can demonstrate that the stop was unjustified, this may lead to the dismissal of evidence collected during the stop.

Another approach is to contest the accuracy of any field sobriety tests or breathalyzer results. Unlike alcohol, testing for marijuana impairment is less straightforward. If the tests were improperly administered, not conducted in accordance with protocol, or if the equipment was faulty, this can cast doubt on the validity of the results.

Asheville Marijuana DUI FAQs

Q: How Much Does a DUI Lawyer Cost in Asheville, NC?

A: A: The cost of a DUI lawyer in North Carolina varies based on the complexity of the case and the lawyer’s experience. Factors like prior offenses or involvement in accidents can increase legal fees. Some lawyers offer flat rates, while others may charge hourly, depending on the specific circumstances and defense strategy needed.

Q: How Do You Get a DUI Dismissed in Asheville, NC?

A: A DUI can be dismissed in North Carolina if there is insufficient evidence, improper police conduct, or legal errors in the case. Working with an experienced attorney can help identify potential defenses, such as challenging the accuracy of breathalyzer results or the legality of the traffic stop. By meticulously analyzing the details of your case, your attorney can develop a defense strategy tailored to your situation.

Q: How Much Marijuana Is a Felony in Asheville, NC?

A: Possession of more than 1.5 ounces of marijuana in Asheville, NC is considered a felony. This offense can lead to significant penalties, including imprisonment, fines, and a permanent criminal record. Felony charges may also apply to the sale, distribution, or cultivation of marijuana. A felony conviction can have far-reaching consequences, affecting employment opportunities, housing options, and even your right to vote.

Q: Is Marijuana Decriminalized in Asheville, NC?

A: Marijuana is partially decriminalized in North Carolina. Possession of up to 0.5 ounces is considered a minor misdemeanor, punishable by a fine rather than jail time. However, larger amounts, sale, or distribution of marijuana remain criminal offenses, and felony charges apply for more serious violations. Any drug possession conviction could lead to legal complications if you are arrested again in the future.

Schedule Your Asheville Marijuana DUI Consultation Today

Although North Carolina and much of the country are moving toward decriminalizing the recreational use of marijuana, a DUI conviction can still present problems for your professional ambitions. If your job requires transporting goods or using a company car, it doesn’t matter which substance you are accused of using.

While there are no guaranteed outcomes in criminal court, you can greatly improve the chances that your case is resolved on favorable terms by working with Edwards Law, PLLC. We understand the state’s drug laws and how to defend clients in court. To learn how we can help, contact our office so we can schedule a consultation.