While there is no “minimum limit” like in alcohol cases, it is hard to prove a marijuana DUI. As a result, unless you look like a bad 1970s movie, chances are in your favor.
So how does the State prove a marijuana DUI?
Because of the so called “legal limit” in alcohol DUI cases, a BAC of 0.08 or higher is enough. However, in marijuana DUI cases, there is no such limit. As a result, the State must show appreciable impairment to win. So what does this mean? Rather than a number, the prosecutor will use field sobriety tests to prove impairment. At least if they can. While no one can really do roadside tests without practice, it may be all the police have. But if you look and sound ok, the smell of marijuana is not enough to convict. Just like with alcohol, smell alone does not prove you guilty. And that is all that really matters: can the police prove their case?
So what do they have to win? Standardized field sobriety tests. While most have seen those embarrassing police videos, the truth is these tests are tough to do. Especially the first time ever trying them. Of course the police make them look easy. However, those officers have practiced these balancing tests hundreds or even thousands of times. Here is the good news. Unless you look really bad, juries know it is not easy to do these tests.
Police video makes or breaks cases
While prosecutors go into great detail about their case, it usually comes down to the video evidence. Because we all know what “impairment” looks and sounds like, video flushes out the truth. As a result, we focus our defense on what you do on camera. And if you appear fine, we argue to the jury you are not guilty. Always remember that the State has the entire burden of proof and has to prove their case in court.
