Marijuana Injury Accidents and the Need for MD DUI Lawyers
If a driver who is under the influence of marijuana injures or kills someone in Maryland, the victim and/or their family may be able to seek compensation for expenses related to their injuries with the help of College Park, MD DUI lawyers.
It is widely publicized that there are devastating consequences and harsh penalties if you drive under the influence of alcohol. However, what is not well-known is that in all fifty states, it is illegal and punishable to drive under the influence of marijuana; even in states where marijuana is legal to use.
As with driving under the influence of alcohol laws, driving under the influence of marijuana definitions and punishments vary by state.
Under the influence can mean a variety of things:
- Any amount: In some states, if the driver has any amount of marijuana in their system, it will be considered as the driver was driving under the influence.
- Above the threshold: In some states, if a driver has a specific urine or blood concentration level or more of marijuana in their system, they will be considered to be driving under the influence.
- The behavior or actions of the defendant: Very few states require the prosecutor to prove that the driver was driving while under the influence, by showcasing their driving or behavior. It does not matter how much marijuana was in the driver’s system.
If you have been injured in MD by a driver you suspect was driving under the influence of marijuana or other substances, College Park DUI lawyers may be able to protect your and your family’s rights.
What is Considered “Under the Influence”?
In many states, it is considered “under the influence” when the driver is not able to safely drive because of the effects of alcohol or drug use. It is common knowledge that the legal limit to drive with alcohol in your system is 0.08 BAC. However, states have different ways to establish that the driver is under the influence of marijuana.
Per se laws: In any state that has a “per se” law, if there is any amount of marijuana in the driver’s system at the time of the offense, it will conclusively mean there was impairment. If this is the law in a state, a prosecutor will not need to show any additional evidence to prove the driver was under the influence.
When looking for DUI lawyers in College Park or wherever in MD a DUI marijuana accident caused injuries, it is a good idea to find lawyers who are familiar with the courts in the jurisdiction where the personal injury claim is being filed.
Blood or urine marijuana concentration levels: As many states do with blood alcohol levels, some states will consider a certain level of marijuana in the driver’s urine or blood to prove there is impairment. If this is the law in a state, the prosecutor will not need to prove anything further.
Driver’s driving or behavior: In very few states, the prosecutor will need to prove that the driver was acting in a way that demonstrated they were under the influence of marijuana even if they have high marijuana urine or blood concentration levels. The most common ways prosecutors show this is by the driver smelling of marijuana, having impaired speech or balance, or driving erratically.
The prosecution usually does not need to show that any unsafe driving took place to prove that the driver was under the influence. Simply driving and being under the influence can be enough for a DUI charge.
When someone’s negligence, such as driving while under the influence of marijuana or other drugs or alcohol results in injury, the victim or a deceased victim’s remaining family members may be entitled to compensation through a personal injury claim.
For experienced College Park, MD DUI lawyers with over 25 years of successfully protecting the rights of injured people, contact Cohen & Cohen, today.