Facing a marijuana DUI charge in Orange County, New York, is an unfortunate situation to find yourself in. The laws about driving after using cannabis are strict, and the penalties are often serious.
If you were stopped in Orange County, New York, for suspicion of driving under the influence of marijuana, it helps to understand your rights and reach out for legal help right away. Call Larkin Ingrassia Criminal Defense Attorneys at 845-566-5345 to schedule a free consultation with an Orange County marijuana DUI lawyer.
Why Hire Larkin Ingrassia Criminal Defense Attorneys if You’re Arrested For a Marijuana DUI in Orange County?
If you were arrested in Orange County, NY, for a marijuana DUI, the situation is serious. You might be scared, overwhelmed, or confused by complicated legal rules. It’s crucial that you don’t go through this alone. At Larkin Ingrassia Criminal Defense Attorneys, our Orange County criminal defense lawyers have more than 50 years of combined experience protecting our clients’ rights.
When you trust us with your defense, you get:
- Experienced legal guidance: Our lawyers use decades of combined knowledge to spot weak points in the prosecution’s case.
- 5-Star Avvo rating: People who worked with us leave strong reviews online. We don’t just talk about results – our clients speak for us.
- Personal attention: Every case gets personal attention and collaboration from all attorneys at our firm.
Defending a marijuana DUI charge in Orange County, New York, isn’t easy. Police and prosecutors may push you to take a quick deal or plead guilty without knowing your options. An attorney from our team knows how the system works and how to defend you.
Contact Larkin Ingrassia Criminal Defense Attorneys to schedule a free consultation with an Orange County marijuana DUI attorney.
Overview of Marijuana DUI in New York
A DUI in New York is not limited to alcohol – it also covers drugs like marijuana, whether that marijuana was used legally or not. If police suspect you are impaired by marijuana while driving, you can be charged with a DUI. In New York, there is no set minimum amount of THC, the chemical in marijuana, that must be found in your system to get charged.
Any detectable amount of marijuana in your blood is enough for the police to bring charges and lead to a conviction. This means even if you use cannabis for medical reasons or recently used it recreationally, you still face the risk of a DUI if you drive afterwards and get stopped.
If you smoked marijuana even a day or several days before driving, you can still face a DUI charge. This is because traces of marijuana stay in your body long after the effects have worn off, and a test may pick it up even if you aren’t actively impaired.
What Are the Penalties For Marijuana DUI in Orange County, New York?
Driving under the influence of marijuana in New York is treated very seriously. Even though marijuana is legally permitted in some instances, driving while impaired by any substance, including cannabis, comes with substantial penalties.
First Offense
If you are caught driving under the influence of marijuana for the first time, the state will charge you with a misdemeanor. You’ll have to pay a fine between $500 and $1,000.
The judge can also sentence you to jail for up to one year. Additionally, your driver’s license will be revoked for six months.
Second Offense (Within 10 Years)
A second marijuana DUI within 10 years is a class E felony. Fines range between $1,000 and $5,000.
You must serve at least five days in jail, unless the court gives you the option to do community service instead. You could be sentenced to up to 4 years. Your license will be revoked again for one year. The judge may also order you to attend a specific program for DUI offenders.
Third or Subsequent Offense (Within 10 Years)
If you pick up a third DUI (or even more) in 10 years, it’s a Class D felony. You’ll face a minimum fine of $2,000, but it could go as high as $10,000. The law requires at least 7 days in jail, with a possible sentence of up to 10 years.
For these cases, New York also requires anyone convicted to install an ignition interlock device on any vehicle they own or use. A license suspension will last at least one year.
No matter what you’re facing, marijuana DUI offenses should be taken seriously, as the penalties can be severe.
What Defenses Can Be Raised if I’m Arrested for a Marijuana DUI?
Being charged with a marijuana DUI in New York is overwhelming, but there are defenses you can raise to defend yourself:
- Illegal traffic stop or search: Police must have a valid reason to pull you over in the first place. If the officer did not observe you breaking a law or have a clear reason for the stop, any evidence they gather might be thrown out.
- Problems with drug testing procedures: Drug tests are not perfect. Results can be flawed due to improper handling or contaminated samples. If mistakes happen in the testing process, the results may not hold up in court.
- Not in control of the vehicle: You cannot be guilty of a DUI just because you were near your car after smoking marijuana. You can fight the charges if you were parked and not driving, or if someone else was behind the wheel. Being in or around a car is not proof that you were impaired while actually driving.
Every case is different, and the right defense depends on what happened in your situation. If you are facing marijuana DUI charges, speak with a lawyer as soon as possible.
Contact Our Orange County Marijuana DUI Lawyers for a Free Case Evaluation
If you’re facing charges related to driving under the influence or marijuana, you don’t have to go through it alone. Every arrest comes with its own set of facts and possible legal defenses. A skilled defense lawyer can help find errors in how tests were handled or question whether you were truly impaired according to legal definitions.
With help, it’s possible to protect your rights and avoid some of the harsh penalties attached to a conviction. Reach out to Larkin Ingrassia Criminal Defense Attorneys to schedule a free consultation with an Orange County marijuana DUI attorney.