With an increase of marijuana utilise in Michigan, at that place's also been an increase of marijuana DUI arrests. If you're facing charges, immediately speak with a marijuana DUI lawyer.

Michigan law currently penalizes driving with any amount of agile THC within a driver'south blood.

It's a misdemeanor and treated the aforementioned as a DUI for alcohol .

This article outlines the top 5 ways to fight marijuana DUI in Michigan.

Facing a marijuana DUI? Unhappy with your current marijuana DUI lawyer? Request a free consultation at present.

Those who consume cannabis frequently are more than probable to have active THC in their blood even if they're not a greater safety risk.

The law inverse in this respect and now zero tolerance law doesn't apply to patients.

Instead, officers must prove intoxication and instead on relying on a number.

Ways to Fight Marijuana DUI Cases

Nearly attorneys don't know how to expertly defend DUI marijuana cases.

It requires mastery of forensic science specific to the principle issues common to these offenses.

They include the post-obit: marijuana specific field sobriety testing (and the differences from those investigating alcohol), evidentiary actual fluid collection, preservation and delivery to the forensic science laboratory.

Side by side would be a very skillful understanding on how the forensic science department of the Michigan Land Police, which would include the style they receive the testify, stored the evidence, prepared samples for testing and the performance of multiple chemic tests to report an amount of:

  • tetrahydrocannabinol (THC),
  • delta nine Hydroxy THC, and
  • 11 nor Carboxy THC (THC-COOH).

A firm understanding of the instruments used, the method developed past the laboratory used, and the ability to examine the entire set of data to confirm or refuse the accurateness, reliability or evidentiary value of the reporting.

The post-obit is an explanation of each of these issues:

1. Evidentiary Claret Collection, Preservation and Delivery to the Testing Laboratory

Only a physician or a qualified individual acting under the supervision of a doc may draw claret for evidentiary purposes.

This doesn't include paramedics as they aren't acting under the direct potency of a physician (like a nurse in a hospital does).

The claret has to be drawn using the proper protocols and delivered to the testing laboratory immediately thereafter.

There are numerous times that police enforcement doesn't evangelize the blood in a timely way, which tin ruin the sample and brand it inadmissible and otherwise, non reliable.

This is one of the main ways to fight marijuana DUI charges in Michigan.

2. Receipt of Blood Show by Laboratory, Cataloging and Preservation of the Sample

The Michigan Land Constabulary Forensic Laboratory receives about 50 blood kits per day.

Each must be properly entered into their system and placed into a temperature controlled biological storage unit.

With this type of volume, mistakes are inevitably made.

It's important to evaluate this process.

3. Procedures and Method for Chemical Analysis of THC in Human Blood

The analysis of a blood sample for THC takes much longer than for booze.

First, the lab uses a screening or primary test to determine if there is THC in the sample.

If that test is positive, they move on to the more specific assay.

The first examination is an immunoassay, which provides a elementary positive or negative response.

If positive, the sample is later prepared for assay on a gas chromatograph with a mass spectrometer (GC/MS).

The THC compounds identified, if any, will be broken autonomously into mass fragments where four specific ions are detected, which can be the identifying factor.

And so, the compound is analyzed for quantification meaning the weight or concentration is measured in nanogram per microliter units of measure out.

Facing a marijuana DUI? Unhappy with your current marijuana DUI lawyer? Request a free consultation now.

four. Review of All Data Generated Past The Analysis

In social club to properly evaluate the results of a chemic analysis of THC in blood, the data generated from the testing must be caused and evaluated.

The unknown sample will be compared with a number of known controls of different concentrations.

The sample will also be tested with approximately 50 additional unknown samples.

Data generated from the testing of all of these samples, known and unknowns, must be analyzed and validated.

five ways to fight a marijuana dui lawyer michigan THC Molecule

The instruments must as well exist checked to ensure their proper working order and scale.

Additionally, chain of custody records should be received to ensure the sample hasn't deviated from the proper protocols.

Temperature records of the biological storage lockers must be examined.

The annotator should also be evaluated besides every bit their personal proficiency testing.

5. Filing the Proper Motions

Several potential court legal challenges tin be raised to win the case.

First, a constitutional equal protection argument can and should be raised.

Chronic users of marijuana, like many medical marijuana patients, will exist unfairly treated under the current Michigan constabulary.

At that place are also legal problems that may arise from the manner in which the blood was drawn, preserved and delivered to the forensic scientific discipline partitioning.

Since many police force officers aren't trained on marijuana specific field sobriety testing, a claiming can exist fabricated to the admissibility of their results.

This may as well effect the evidentiary necessity of probable crusade for an arrest.

Then, in that location are motions that are specific to an private case, meaning that a unique analysis of every case is important to place, evaluate and litigate every potential result.

These are the top five ways to fight a marijuana DUI in Michigan, but nosotros'll base of operations our strategy on the circumstances of your specific case.

Why Barton Morris and his Squad are the Best Marijuana DUI Lawyer in Michigan

Equally the simply American Chemical Society (ACS) Forensic Lawyer-Scientist in Michigan, Barton Morris and his team have the scientific intelligence, education and experience that's necessary to effectively fight marijuana driving cases.

This designation was earned by attending over 100 hours of lecture on the scientific principles of equipment used in the chemical analysis of actual fluid for drugs and alcohol.

This training, forth with the additional extensive training he has received, makes him ane of the top DUI lawyers in the state.

He's on the faculty of both national DUI Associations those beingness the DUI Defense Lawyers Association and the National College for DUI Defence.

He's also president of the Michigan OWI Attorneys Association (MIOWIA).

In these positions, he teaches other lawyers all over the country specifically related to driving under the influence of marijuana.

Barton Morris is also on the board of the Michigan Land Bar Marijuana Law Department and the Chair of its Science Committee.

As the chair, he's written manufactures on the topic of driving nether the influence of marijuana, wrote the section'south public policy position paper on the Michigan police force related to driving and marijuana and has presented this position to the Michigan Legislature in an attempt to modify the law so that it's non disproportionally applied to chronic marijuana users.

Facing a marijuana DUI? Unhappy with your current marijuana DUI lawyer? Request a costless consultation now.