A while back I blogged about how Pennsylvania drivers can be convicted of DUI even if they were not impaired while driving. This is so because very low levels of controlled substances (or their metabolites) can be enough to support a DUI conviction when the charge is based on operating a motor vehicle when there is any amount of a controlled substance, or a metabolite of a controlled substance, in the driver’s blood.
The phrase “any amount” does not quite mean any amount, however. But it can and often does mean a very, very low amount. For marijuana metabolites, if a driver’s blood contains more than 1 nanogram of the THC metabolites 11-Hydroxy-Delta-9-THC (THC-OH) or 11-Nor-9-Carboxy-Delta-9-THC (THC-COOH) that driver can be guilty of a controlled substance DUI under 75 Pa. C.S. Sec. 3802(d). If a driver’s blood contains more than .04 ng of the “parent drug” of marijuana, that is Delta-9-THC (THC), then that driver can be guilty of a controlled substance DUI.
Now, what I just stated, above, does not mean there are no defenses in controlled substance DUI situations. Which, of course, is why anyone in Central Pennsylvania facing a DUI charge should consult with an experienced criminal defense or dui defense attorney.
If you are facing DUI charges in Cumberland, Dauphin, Perry, Juniata, or other Central Pennsylvania counties, do not hesitate to give me a call. You can reach my office at (717) 582-0400 or (717) 884-8384. I offer free consultations and look forward to helping you.
Law Office of Sean Potter, PC