If you’ve recently been arrested for driving under the influence of marijuana, you may be feeling like you have a hopeless case. If you feel this way, you should quickly get in touch with an experienced drug DUI attorney in Atlanta. He or she can help you defend yourself and find holes in the state’s case that can help you fight a DUI conviction.


In some cases, an officer will think someone looks like they are on marijuana or will smell marijuana coming from someone else’s car. The officer will then look for any reason to stop the car, such as speeding, failure to stop at a stop sign, failure to maintain lane. Once the officer finds any minor reason to stop the car, he can then use the smell of marijuana and appearance of other signs to claim that the person was driving under the influence of marijuana.

The most common way this type of arrest happens is that a police officer stops someone for a routine traffic stop. After they roll down their window, the driver claims the he smells marijuana. He begins asking questions and claims to see other signs that are consistent with marijuana use such as nervousness or lethargic speaking.

In both of these types of cases, the other driver may not have been driving erratically or dangerously at all. Remember this—it is not illegal to drive in Georgia while you have marijuana in your system. It is only illegal to drive if you have recently smoked marijuana and the drug is still impairing your abilities. If the police cannot prove that this is what happened, they do not have a case against you.


At Thomas, Webb, and Willis, LLC we have years of experience defending people from DUI marijuana charges, and we can use that experience to help you, potentially getting your DUI charges dropped completely. After the cop has determined that you are likely driving under the influence of marijuana, he will arrest you and have you undergo a blood test to confirm the marijuana in your system.

One of the unique things about the state of Georgia is that the lab typically does not check the blood for active metabolites from marijuana; the lab only checks to see if there are any traces of THC at all. This represents a big problem. After smoking marijuana, a person will have traces of THC in their body for several weeks; however, this THC will no longer be active or impairing them in any way. When Georgia labs only check for metabolites, but don’t check to see if they are active or inactive, they have no way to prove that your smoking was recent and as affecting you at the moment you were driving.

Positive blood tests do not mean that your case is over, and that you have lost. The police must prove that not only was there marijuana in your system, but that it was actively impairing you. In addition, field sobriety tests were not designed to test for marijuana impairment, and do not concretely prove that you were impaired. With an experienced DUI attorney, you can mount this type of defense and fight the conviction.


When you are arrested for DUI marijuana, you still have many options. Depending on the circumstances, you may have a very strong case. It is very important that you immediately get in contact with a DUI attorney who has experience with marijuana DUI’s because he can help you defend yourself most effectively. At Thomas, Webb, and Willis, we have the experience and legal skills to defend your case in court. For a free consultation, please call 404-250-1113.

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