Facing a DWI charge in New York can be stressful, and you might be exploring all your defense options. One question that might arise: Can using medical marijuana be a valid defense against a DWI? Unfortunately, in New York, the answer is no. Here’s why medical marijuana doesn’t excuse a DWI arrest.
DWI Laws Target Intoxication:
New York’s DWI laws focus on impaired driving, regardless of the substance causing the impairment. While medical marijuana can have psychoactive effects, it doesn’t necessarily equate to intoxication.
No Legal Limit for Marijuana:
Unlike alcohol, there’s no established legal limit for THC (the psychoactive component of marijuana) in New York DWI cases. This means simply having marijuana in your system isn’t enough for a conviction, but it doesn’t guarantee a defense either.
Focus on Impairment:
The prosecution will likely focus on evidence of your driving behavior and any field sobriety test results to demonstrate intoxication. If marijuana use significantly impaired your ability to operate the vehicle safely, it can still lead to a DWI conviction.
Potential Defense Strategies:
While medical marijuana use isn’t a direct defense for DWI, a skilled attorney might explore other avenues:
- Challenging the Stop: If the police pulled you over without a valid reason, any evidence obtained (breathalyzer test) might be inadmissible.
- Field Sobriety Test Defense: These tests aren’t foolproof and can be influenced by factors unrelated to intoxication. An attorney can identify flaws in the administration or interpretation of the tests.
- Breathalyzer Test Challenge: Improper administration or maintenance of the breathalyzer machine can invalidate the test results (if applicable).
The Importance of Legal Guidance:
A DWI conviction in New York can have serious consequences. Consulting with an experienced DWI defense attorney is crucial. They can analyze the specifics of your case, develop a personalized defense strategy, and fight to minimize the potential penalties.
James Medows, ESQ. is a dedicated DWI defense lawyer in New York. We offer free consultations to discuss your situation. Contact us today and let us explore your defense options.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Please consult with an attorney for personalized guidance.
