Drug-related offenses are some of the most serious charges a driver can face. These charges can carry severe consequences, including hefty fines, license suspension, probation, and even imprisonment. For commercial drivers, a conviction can mean the loss of employment and future career opportunities. If you have been charged with a drug or marijuana-related offense, it is crucial to have an experienced attorney on your side to protect your rights and mitigate the potential penalties.
Understanding Drug & Marijuana Offenses for Drivers
There are various drug offenses that drivers may be charged with, including:
- Possession of drugs – Having illegal substances in your vehicle, even if they are not yours.
- Intent to deliver – If the quantity of drugs found is significant, prosecutors may argue that you intended to distribute them.
- Drug transport or trafficking – Carrying controlled substances across state lines or within a certain distance of schools or public areas can result in enhanced charges.
- Possession with intent to deliver – Having controlled substances along with packaging materials or large sums of cash can indicate intent to sell.
- Driving under the influence of drugs – Similar to a DUI for alcohol, driving under the influence of drugs, including marijuana, can result in serious criminal charges.
The legal consequences of these charges can be severe. If you are convicted of a felony drug charge, you may face significant prison time, long-term probation, and difficulty finding employment or housing. Even a misdemeanor drug conviction can lead to driver’s license suspension, fines, and mandatory drug education programs.
The Hidden Risks of Drug Possession Charges
One of the most alarming aspects of drug possession charges is that a driver can be charged even if the drugs do not belong to them. If a passenger accidentally drops a prescription pill in your car, law enforcement may still hold you responsible. This highlights the importance of legal representation in these cases, as an experienced attorney can challenge the prosecution’s evidence and argue for the dismissal of wrongful charges.
Certain controlled substances, including some prescription medications, can elevate a misdemeanor possession charge to a felony offense if they are found in large quantities or without a valid prescription. For instance, possessing a small number of analogues or class D medications without proper documentation can result in felony charges.
Drugged Driving
Law enforcement has been cracking down on drug-impaired driving, particularly since 2020. Unlike alcohol-related DUIs, where breathalyzer tests can provide instant results, drugged driving cases often rely on blood tests to determine intoxication levels. Drivers arrested under suspicion of drug impairment must choose between submitting to a blood draw or facing an automatic one-year license suspension.
Unfortunately, even a small amount of a controlled substance in your system can lead to charges. This is particularly problematic for drivers who may have legally used marijuana or prescription medication days before but still test positive for traces of the substance. Law enforcement does not distinguish between legal and illegal use; they focus solely on the presence of drugs in the driver’s system at the time of testing.
An aggressive defense attorney can challenge these charges by questioning the validity of the test results, the procedures followed by law enforcement, and whether the prosecution can prove impairment at the time of driving.
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How an Experienced Attorney Can Help
Hiring an experienced criminal defense attorney is essential in fighting drug-related charges. A skilled lawyer can employ various defense strategies to achieve the best possible outcome, including:
- Challenging the legality of the traffic stop – If law enforcement did not have a valid reason to stop your vehicle, any evidence obtained may be inadmissible in court.
- Suppressing illegally obtained evidence – If police officers conducted an unlawful search and seizure, your attorney can argue to have the evidence thrown out.
- Raising reasonable doubt – In cases where possession is disputed, your lawyer can argue that the drugs did not belong to you or that you had no knowledge of their presence.
- Negotiating reduced charges or alternative sentencing – In some cases, your attorney may be able to have charges reduced to a lesser offense, such as a non-criminal infraction, or negotiate for probation instead of jail time.
- Expungement and record sealing – If you have been charged with a drug-related offense, your attorney may be able to get the conviction sealed or expunged, preventing it from showing up on background checks.
Defending Against Marijuana Violations
With changing laws regarding marijuana, many people assume that possession and use are no longer criminal offenses. However, marijuana laws vary widely from state to state, and drivers can still face serious penalties if caught with marijuana while operating a vehicle.
Some of the consequences of a marijuana-related conviction include:
- Jail or prison time
- Probation and mandatory drug testing
- Heavy fines and court costs
- Driver’s license suspension
- Vehicle and property forfeiture
Even a minor marijuana conviction can have long-term consequences, including difficulty securing employment, housing, and professional licenses. If you are facing a marijuana-related charge, it is essential to seek legal representation immediately.
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A drug conviction can have life-altering consequences, affecting everything from your driving privileges to your ability to find work. If you have been charged with a drug or marijuana offense while driving, do not wait to seek legal help.
Our law firm has a proven track record of successfully defending clients against drug-related charges, often resulting in case dismissals and clean records. We understand the complexities of drug laws and will fight aggressively to protect your rights.
Don’t risk your future by facing these charges alone. Call us at 844 842 7758 for a free consultation. Let us help you navigate the legal process and achieve the best possible outcome for your case.