Marijuana DUI

Boise Marijuana DUI Defense Attorneys

Defending Against Marijuana DUI in Idaho

The penalties of a DUI conviction can be severe, even for first-time offenders. While most people associate DUI with alcohol, it’s essential to understand that driving under the influence of drugs also constitutes DUI in Idaho. If you were arrested for driving under the influence of marijuana or other substance, consulting an experienced drug DUI defense attorney is essential to defend your rights and avoid the long-term consequences of a criminal conviction.

At Idaho Legal Justice, our Boise lawyers are well-versed in the legal intricacies of Idaho marijuana and drug laws to establish a robust defense on your behalf. Our firm is available 24/7 and committed to defending the accused. No matter the type or severity of the charges you’re facing, our seasoned defense attorneys can fight tirelessly to protect your rights and hard-earned reputation. From fortifying your defense to challenging inadmissible evidence against you, you can trust our fierce attorneys to defend your freedom and future.

Arrested for drugged driving in Boise? Don’t throw away your future by failing to seek an aggressive defense. Call (208) 540-8310 to schedule a free consultation.

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Don't Face the Criminal Justice System Alone

Facing a DUI charge is a daunting experience, but you don't have to face it alone. Our firm provides compassionate representation, guiding you through the legal process with care and compassion. Call (208) 540-8310 to connect with our dedicated legal team today.

What Constitutes Drugged Driving in Idaho?

It’s essential to understand what constitutes drugged driving in Idaho to defend against the harsh consequences of a drug DUI conviction. Under Idaho Code §18-8004, it’s illegal for a person to operate a vehicle under the influence of drugs, alcohol, or other intoxicating substances. This includes marijuana, which is still illegal in Idaho.

Common Drugs That Constitute DUI

While it’s common to associate DUI offenses with drunk driving, drugged driving can also lead to severe criminal penalties under Idaho’s DUI laws. Any drug or medication can warrant DUI charges, regardless of whether it’s an illegal substance.

Common drugs leading to DUI arrest include:

Marijuana
Cocaine
Sleeping aids, such as Ambien or Lunesta
Methamphetamines, such as Adderall or Ritalin
Opiates, such as fentanyl, OxyContin, or Vicodin

Even over-the-counter medications can lead to DUI charges if they impair a driver’s ability to operate a vehicle safely. This includes cold, cough, and allergy medicines that contain ingredients like codeine or dextromethorphan.

Penalties for Drug DUI

The penalties for a drug or medication DUI conviction are the same as a DUI involving alcohol. Criminal penalties will vary based on numerous factors, such as prior convictions and whether the DUI offense resulted in bodily harm or death.

Under Idaho law, the penalties for a drug DUI conviction include:

First Drug DUI: This constitutes misdemeanor charges punishable by up to 6 months in jail, up to $1,000 in fines, and license suspension.
Second Drug DUI: This generally constitutes misdemeanor charges punishable by up to 1 year in jail, up to $2,000 in fines, and license suspension.
Third Drug DUI: This constitutes felony charges punishable by up to 10 years in jail, up to $5,000 fines, and license suspension.

If the DUI resulted in bodily injury to another, this constitutes an aggravated DUI, which can result in significantly enhanced penalties. Securing experienced representation from a DUI defense attorney is imperative to avoid the permanent consequences of a DUI conviction.

Can I Be Arrested for DUI if I Have a Prescription?

Yes, you can be charged with DUI even for using a lawfully-prescribed medication. Idaho Code §18-8004(7) makes it clear that even being legally entitled to the drug in your system does not constitute a defense in a DUI case. Even DUI offenders with a valid drug prescription can be arrested for DUI if they operate a vehicle while intoxicated.

What Are the Penalties for Marijuana DUI?

Marijuana is illegal in Idaho, meaning it’s against the law to possess or use any amount of cannabis for any reason. The penalties for a marijuana DUI conviction are the same as those for an alcohol DUI. This means that a first-time marijuana DUI is punishable by up to 6 months in jail, up to $1,000 in fines, and license suspension.

However, unlike alcohol DUIs, there’s no legal limit for marijuana intoxication levels. Even trace amounts of THC in your system can lead to DUI charges if law enforcement believes you were impaired while driving.

Can I Face DUI Charges with a Medicinal Marijuana Card?

While medicinal marijuana is legal in neighboring states like Oregon, Washington, and California, driving with any amount of cannabis in your system can still lead to drug DUI charges on Idaho roads. This applies to both recreational and medicinal marijuana obtained from surrounding states that have legalized cannabis.

Even out-of-state drivers with valid medicinal marijuana cards can face criminal repercussions for operating a vehicle under the influence of THC, making it crucial to consult with a marijuana DUI defense lawyer as soon as possible to avoid severe penalties.

Can I Refuse Chemical Testing in a Drug DUI Stop?

Emotions tend to run high in DUI traffic stops. While it’s normal to feel anxious and uncertain, knowing and exercising your rights is integral to protecting your freedom. This includes understanding how to respond to law enforcement in a drug DUI stop, particularly when it comes to chemical testing and field sobriety tests.

To convict you of a drug DUI offense, the prosecution must prove that you were impaired at the time of the arrest. This typically involves a chemical test, such as a urine or blood test, to detect any drugs in your system. Keep in mind that even if a drug or medication is detected, this doesn’t necessarily prove that you were impaired at the time of the offense.

However, refusing a chemical test in Idaho can result in automatic license suspension and other penalties. Under Idaho’s implied consent law, any driver who has an Idaho driver’s license or operates a motor vehicle in the state is presumed to have consented to a blood, breath, or urine test in a DUI traffic stop. Refusing a chemical or field sobriety test can result in additional penalties. Consulting with a qualified defense attorney is critical to avoid the long-term consequences of a drug DUI conviction.

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What Our Clients are Saying

Reviews & Testimonials

"10/10 recommend!"
Sam was beyond thoughtful and extremely helpful with my first and only DUI. He brought ease to the high stress situation from the first phone call. He got me a great deal and was worth every penny. 10/10 recommend!

- Chris A.
"Sam and his team are amazing!"
Sam and his team are amazing! My DUI charge got completely dropped and he walked me through every step.

- Brian L.
"I’m very grateful he was there to represent me."
Sam is a very kind and professional man! Himself and the team made sure I was prepared and comfortable throughout my whole process.

- Aerin G.
"Thank you guys for the save!"
Sam and the team were very helpful and comforting in my time of stress, I am very fortunate to have found them and would have them represent me again if the need ever arose.

- Joshua A.
"10/10 recommend!"
Sam was beyond thoughtful and extremely helpful with my first and only DUI. He brought ease to the high stress situation from the first phone call. He got me a great deal and was worth every penny.

- Chris A.
"Sam Bishop was outstanding to work with."
Sam and his assistants supported me throughout the whole process and encouraged me to contact them anytime I needed them. They were all very personable and took so much pressure off my shoulders.

- Nicole R.
"They were there every step of the way."
Sam and his team helped out greatly in a terrible situation. They were there every step of the way and I believe their recommendations helped get me a great resolution in my case. I was facing stiff fines and punishments but was lucky to get a very lenient sentence.

- Cristian A.
"Will always recommend him."
Sam is amazing to work with! He eased my mind through the whole situation, and fought for me getting the best outcome possible! He is super responsive and helpful with anything I need.

- Hannah L.

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Protecting Your Freedom & Future in Boise

If you were arrested for marijuana or drug DUI in Boise or the surrounding area, securing a robust defense is imperative to avoid harsh penalties. Even first-time offenders can reap severe and lasting consequences. At Idaho Legal Justice, our attorneys are dedicated to helping good people take back their lives after a DUI arrest.

With Spanish-speaking agents and free consultations available, our skilled team is available 24/7 to serve you. Don’t throw away your future by failing to secure experienced representation. If you’re facing DUI charges, turn to an award-winning criminal defense firm with a proven track record of results for sound counsel and aggressive representation.

Facing DUI charges? Don’t let one mistake ruin your life. Contact us online to discuss your case with our Boise attorneys.

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