Hendersonville Marijuana DUI Lawyer

Hendersonville Marijuana DUI Attorney

Although recreational and medicinal marijuana use is increasingly lawful in many states, being pulled over while under the influence of cannabis can lead to a DUI in North Carolina. Unlike being pulled over for alcohol consumption, a police officer merely needs to believe you are high to find probable cause to arrest you. If you are facing marijuana DUI charges, you can rely on the services of a Hendersonville marijuana DUI lawyer to represent you in court.

Edwards Law, PLLC, has represented many Hendersonville clients who faced DUI charges. As a former prosecutor himself, our lead attorney understands the strategies that can lead to dropped charges or a favorable plea bargain agreement.

Why Trust Edwards Law, PLLC

If you are facing a marijuana charge, you could be sentenced to jail even for a first-time offense. North Carolina has a zero-tolerance approach to DUIs and DWIs. Beyond losing driving privileges, your car insurance premiums could drastically increase if you are convicted of a DUI because insurance carriers view DUIs as a sign that you are a liability.

These days, all law firms have experience helping clients receive favorable outcomes for marijuana DUI charges. At Edwards Law, PLLC, we frequently represent clients accused of driving while intoxicated or under the influence. Our founding attorney relies on his experience as a former prosecutor when defending clients.

Criminal Penalties for a Marijuana DUI Conviction

In North Carolina, a DUI is usually categorized as a misdemeanor. The specific classification can vary based on factors such as prior offenses and aggravating circumstances, like causing injury during an accident.

While DUIs are not typically classified as felonies, repeated offenses can escalate to felony charges. Misdemeanor convictions may result in jail time, fines, probation with limitations, and various other penalties.

After a DUI arrest, your driver’s license will be suspended automatically. If convicted, you can expect a minimum suspension of one year. However, under certain conditions, you may be able to work with an attorney to regain limited driving privileges, especially for commuting to and from work.

If you were found with drugs during your arrest, you could face additional charges for possession. A marijuana-related DUI can have significant, long-lasting effects, even if you have not been convicted and are simply facing charges.

Potential Legal Strategies for a Marijuana DUI

One defense against marijuana DUI charges is to show that you were not under the influence of any drug at the time of your arrest. Unlike alcohol intoxication, it can be very difficult to prove that someone was unsafe to drive even if there was marijuana in their system.

There is no breathalyzer for marijuana, so police often rely on less reliable methods for proving that someone is intoxicated. In some cases, they may falsely assume that you were unsafe to drive simply because the police officer believed they smelled marijuana.

If you were issued a sobriety test, video footage from that test could demonstrate that you responded to the test as any sober driver would have. Hemp-derived products that contain CBD have been legally sold in North Carolina for several years. The smell of marijuana is arguably no longer a reliable means of establishing probable cause for arrest.

Your lawyer can scrutinize the methods that were used to determine you were under the influence of a drug. Any measures that weaken the prosecution’s assertions that you posed a danger to public safety could strengthen your case. If the arresting officer violated any part of their department’s policy or your constitutional rights, the evidence gathered against you may no longer be admissible in court.

Hendersonville Marijuana DUI FAQs

Q: What Percentage of DUI Cases Are Dismissed in Hendersonville, NC?

A: The percentage of DUI cases dismissed in North Carolina varies based on factors such as evidence, legal representation, and procedural issues. While a significant number of cases may be reduced or dismissed, dismissal is not guaranteed and depends on the specifics of the case and the strength of the defense. An experienced criminal law attorney can review your case to see which legal strategy could lead to a dismissal.

Q: What Can a DUI Be Reduced to in Hendersonville, NC?

A: In Hendersonville, a DUI charge can sometimes be reduced to reckless driving, known as “wet reckless.” This reduction may occur if there are mitigating factors or weaknesses in the prosecution’s case. The outcome depends on the circumstances of the DUI, legal arguments, and negotiation with the prosecution. When presenting with mitigating evidence, prosecutors may see reducing the criminal charge to a lower offense as serving the interest of justice.

Q: Do First-Time Drug Offenders Go to Jail in North Carolina?

A: First-time offenders can and have gone to jail in North Carolina. Many cases result in probation, drug education programs, or community service. However, jail time is still possible, particularly for more serious charges or if large amounts of drugs are involved. One of the most significant factors that can determine whether you go to jail is the strength and experience of your criminal defense attorney.

Q: What Is the Federal Sentence for Marijuana?

A: Federal sentencing for marijuana depends on the quantity and intent, such as possession versus distribution. Small amounts for personal use may result in fines or short jail terms, while larger amounts, particularly with intent to distribute, can lead to longer prison sentences and substantial fines. Federal law remains strict on marijuana offenses.

Schedule Your Marijuana DUI Consultation Today

A DUI on your record could lead to sharp increases in your monthly car insurance premiums. Your ability to go to and from work could be limited if your driving privileges are revoked. Failing to secure legal representation following an arrest for marijuana DUI could mean that you face harsh punishments, even if it is your first offense.

Hendersonville residents trust Edwards Law, PLLC. Our founding attorney is a former prosecutor who understands how to protect your rights while looking for inconsistencies and holes in the prosecution’s case. We have helped many clients receive favorable outcomes for their criminal cases, and we can do the same for you. Contact our office today to schedule your consultation.