Did you know you can be prosecuted for DWI for being “baked” behind the wheel? It’s true! The team of Hudson Valley DWI Lawyers at Tom Anelli & Associates is well-versed in defending and litigating DWIs by Cannabis in the Hudson Valley region.
Contact us today to speak with a Hudson Valley DWI lawyer from our team.
What Is Cannabis?
Cannabis, or “marijuana” as it is commonly known, is derived from the flower of the cannabis plant. After New York state legalized cannabis possession and use for adults in 2021, New Yorkers may lawfully possess up to three ounces of cannabis flower or twenty-four grams of “concentrated” cannabis (i.e., “oil,” “wax,” or “dabs,” including edible cannabis).
Cannabis contains a psychoactive chemical called “Tetrahydrocannabinol” (“THC” for short). THC has all kinds of effects on the body. It may cause drowsiness, giggling, increased appetite, and reduced motor coordination.
THC can impair your ability to operate a vehicle safely. It can slow down a driver’s reflexes and affect their impressions of the world around them, which can draw the attention of the police.
Cannabis DWIs in the Hudson Valley
The Hudson Valley region extends from Westchester County to Albany. Several major highways pass through the Hudson Valley, including I-84 and I-87. It is a hotspot for DWI enforcement.
Cannabis dispensaries have also opened throughout the Hudson Valley region, including in Newburgh, Kingston, and Poughkeepsie. At the time of this article’s writing, New York State hosts approximately 137 dispensaries, and more are expected to open soon.
The Hudson Valley region is also home to some of the finest hiking and outdoor activities in New York State. In light of that and the Hudson Valley’s proximity to New York City and legal cannabis markets in Massachusetts and other neighboring states, cannabis DWI enforcement continues to become more common.
If the local police have spoiled your summer fun with an arrest in the Hudson Valley, Tom Anelli and his team can help.
Hudson Valley Cannabis DWI Lawyer Near Me
800-394-1100
How do the Police Investigate Cannabis DWIs?
A police officer may investigate a person for driving under the influence of cannabis. The combination of an alleged traffic infraction and the distinctive odor of cannabis may give a police officer the suspicion he needs to investigate further.
A police officer may also look for other signs of “driving while high.” Those symptoms include red, bloodshot eyes, impaired short-term memory, and inability to focus. The police may also initiate an investigation if they smell cannabis smoke while following your vehicle.
The “science” of detecting intoxication by cannabis is not well understood by law enforcement, and the legal team at Tom Anelli & Associates can use the limited training given to police on cannabis detection to your advantage.
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Cannabis vs. Alcohol Testing
Most police officers are trained to investigate those who drive under the influence of alcohol. Traditional investigative techniques for alcohol intoxication do not translate perfectly to investigating impairment by cannabis.
There is not (yet) a breathalyzer that can read THC, unlike alcohol. Standardized field sobriety tests are also geared toward alcohol detection. Cannabis affects the nervous system differently than alcohol, and the “clues” the police traditionally look for during field sobriety tests may be different from how a person under the influence of cannabis behaves.
Blood Tests Can Be Deceiving
Unlike alcohol, cannabis intoxication cannot be proven through a blood test or breathalyzer alone. While alcohol dissipates from the bloodstream relatively quickly, THC binds to fat cells and can remain in the body for days or even weeks after consumption.
That means that a blood test may show the presence of cannabis in your system even if you are not intoxicated at the time you take the test. More importantly, the amount of cannabis in your blood does not always translate to the extent of impairment – the result can change based on your body type, how frequently you consume cannabis, and the potency of the product you consume.
Tom Anelli and his team understand the interplay between scientific tests, cannabis use, and impairment. If you are charged with a DWI based on suspected intoxication from cannabis, our Hudson Valley cannabis DWI lawyers can help build a defense and potentially get your DWI dismissed in New York.
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Can I Be Prosecuted for DWI if I Smoke Weed Behind the Wheel?
Absolutely! In addition to making it a crime to operate under the influence of alcohol, the Vehicle and Traffic Law also prohibits driving under the influence of drugs such as cannabis.
Until recently, New York applied a different legal standard for motorists suspected of driving under the influence of cannabis. Unlike the “substantial impairment” standard for alcohol intoxication, intoxication by drugs was previously measured by impairment to “any extent” (put another way, being even “just a little high” could get you locked up).
However, New York’s courts have drifted away from this principle and are beginning to apply the same standard to both kinds of cases. Tom Anelli & Associates keeps abreast of all changes in the law, and we can ensure that the judge in your case applies the correct standard to avoid an unjust conviction.
A cannabis DWI charge can expose you to some serious consequences, including:
- Jail time of up to one year for a first offense
- Probation supervision
- The suspension or revocation of your driver’s license
- Thousands of dollars in fines and court fees
- Increased car insurance premiums
- Civil penalties to the DMV
If you are alleged to have both alcohol and cannabis in your system, you may be prosecuted for operating under the “combined influence” of cannabis and alcohol.
Unlike alcohol-DWI, there is no ignition interlock requirement for a person convicted of driving under the influence of cannabis alone.
Contact a Hudson Valley Cannabis DWI Lawyer Today
If you are charged with a DWI from cannabis impairment, Tom Anelli and his team can help. Our Hudson Valley cannabis DWI lawyers know that the police and prosecutors don’t understand cannabis like they do alcohol.
Our team can use its knowledge and skill to show the prosecutor or the court that the police were overzealous in arresting you or that they did not properly investigate your case before placing you in cuffs.
Call or text 800-394-1100 or complete a Free Case Evaluation form
