Driving Under the Influence of Marijuana Lawyer

In Delaware, a marijuana DUI is a serious offence that can result in heavy fines, having your license revoked and even potential jail time. Driving under the influence of marijuana is prosecuted under the same statute as alcohol-related DUIs. However, the lack of a standard definition of marijuana intoxication and the imprecision of testing for the drug means there is often more room for interpretation in the law. Because of this, it’s important to have a marijuana DUI lawyer on hand who can protect your rights.

Rahaim & Saints has been representing clients in range of criminal and traffic violations since 1993. Make us your first call when you need an attorney for a marijuana DUI in Delaware.

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Marijuana DUIs and Drug Testing


Unlike alcohol, marijuana cannot be detected by a breathalyzer. Though blood and saliva testing can indicate the presence of marijuana, these methods are expensive, time consuming and rarely used by police in roadside stops. As a result, it’s up to the arresting officer to prove they have a compelling reason to believe you were driving under the influence. Evidence to support this can include:

  • The presence of drugs, drug paraphernalia or a strong smell of marijuana in the car
  • Bloodshot eyes, slurred speech, erratic behavior and poor cognitive function/motor skills when arrested
  • Erratic driving behavior, including driving too slow, ignoring stop signs and other signals, or drifting in and out of your lane

Ultimately, none of the above signs can be considered iron clad proof that you were driving under the influence of marijuana. One of the roles of a marijuana DUI attorney is to discuss this uncertainty and make a case that there is insufficient evidence to convict you.

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Consequences of a Marijuana DUI


DUI Lawyer Andrew RahaimThe consequences of driving under the influence of marijuana are the same as those of an alcohol DUI. They include:

  • First offense: A first-time offender convicted of marijuana DUI in Delaware can face up to $1500 in fines, a 12 to 24 month license suspension and six months in jail.
  • Second offense: A second conviction of marijuana DUI carries with it as much as $7500 in fines, a 30 month license suspension and up to a year and a half in jail.
  • Third offense: Three-time offenders may face $5000 in fines, a three year license suspension and up to two years in jail.

Consequences become increasingly severe the more times you are caught driving under the influence of marijuana. Fifth-, sixth- and seventh-time offenses are charged as a felony, and can result in having your license permanently revoked.

Call Rahaim & Saints for Help Today


With strict penalties even for a first-time offender, it’s important to hire a marijuana DUI lawyer to represent you. Rahaim & Saints may be able to get the charges against you dropped or reduced so that you can quickly put this incident behind you and move on with your life.

Your initial consultation with our team is always free. Contact our office in Wilmington or Newark today for more information.