Most people think that a driving while impaired charge (DWI) has to be from alcohol. While alcohol is typically the most common from of DWI, marijuana is becoming a very typical substance that causes a DWI in courts in Charlotte.
The statute reads:
§ 20-138.1. Impaired driving.
(a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
According to section (a)(1) of this statute, an impairing substance can result in a conviction if all the other elements are met as well.
Typically, the State will have to have a blood draw and have the blood tested to determine the level of Delta (9)-tetrahydrocannabinol (THC) that is present in the blood at a relevant time after driving. Depending on the results of this test can determine the strength of the state's case against you.
You will need to consult with an experienced marijuana defense attorney who understands the blood levels that the test will show. If you have been charged with a DWI based on marijuana, please contact our office.
https://one.nhtsa.gov/people/injury/research/job185drugs/cannabis.htm
www.meckdwi.com
The statute reads:
§ 20-138.1. Impaired driving.
(a) Offense. - A person commits the offense of impaired driving if he drives any vehicle upon any highway, any street, or any public vehicular area within this State:
(1) While under the influence of an impairing substance; or
(2) After having consumed sufficient alcohol that he has, at any relevant time after the driving, an alcohol concentration of 0.08 or more. The results of a chemical analysis shall be deemed sufficient evidence to prove a person's alcohol concentration; or
(3) With any amount of a Schedule I controlled substance, as listed in G.S. 90-89, or its metabolites in his blood or urine.
According to section (a)(1) of this statute, an impairing substance can result in a conviction if all the other elements are met as well.
Typically, the State will have to have a blood draw and have the blood tested to determine the level of Delta (9)-tetrahydrocannabinol (THC) that is present in the blood at a relevant time after driving. Depending on the results of this test can determine the strength of the state's case against you.
You will need to consult with an experienced marijuana defense attorney who understands the blood levels that the test will show. If you have been charged with a DWI based on marijuana, please contact our office.
https://one.nhtsa.gov/people/injury/research/job185drugs/cannabis.htm
www.meckdwi.com
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