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Marijuana DUI Lawyers in Virginia

Learn About Your Legal Options. Serving Hampton Roads, Newport News & Beyond.

Although Virginia has decriminalized possession of up to 1 ounce of cannabis and other states have legalized the substance for recreational or medicinal use, driving under the influence of marijuana is still illegal. Whether you are a Virginia resident or an out-of-state visitor, if you consumed pot and got behind the wheel, you could be charged with a marijuana DUI. If you're convicted of the offense, you could face serious consequences that may profoundly affect your future and livelihood. To fight back against the charges, you need a lawyer on your side who has the knowledge and skills to take aggressive action.

At Tillotson & Martin, our Coastal Virginia marijuana DUI attorneys have over 30 years of combined legal experience. We know that developing an effective defense requires thorough preparation and a sound understanding of the law. That is why we remain updated on the methods and technologies used in these cases by continuing our education in DWI law. We also receive training relevant to these matters. Attorney Jeff Martin is a ACS-CHAL Forensic Lawyer-Scientist, and both members of our team are Breath Test operators. We have such a firm grasp of DUI law, that we teach seminars and lectures to other lawyers, and we wrote the DWI book judges and prosecutors in Virginia refer to.

We're ready to put our knowledge and resources to work for you. Discuss your case during a free consultation by calling us at (757) 568-7978 today.

What Is a Marijuana DUI?

Under Virginia law, to be charged with driving under the influence of marijuana, a driver must have been operating their vehicle while their ability to drive safely was impaired by the substance. Unlike an alcohol-related DUI or a few other drug-related DUI charges that have legal limits for the substance, no such level exists for determining marijuana intoxication. Thus, unique defenses may be brought in these types of cases.

However, like other DUI offenses, if you are suspected to be driving under the influence of marijuana, you must participate in a breath or blood test to determine if a controlled substance was in your system. Under implied consent laws, which state that anyone who drives on Virginia roads has given permission to be subject to such testing, if you refuse a chemical test, you could be subject to criminal penalties.

What Are the Potential Conviction Penalties for a Marijuana DUI?

If you are convicted of a marijuana DUI, a judge may impose upon you the same penalties that would be issued for an alcohol-related DUI.

The punishments vary depending on the circumstances, but may include:

  • First-offense:
    • Maximum jail time of 1 year
    • Maximum fine of $2,500, with a mandatory minimum of $250
    • Mandatory driver's license revocation for 1 year
    • Ignition interlock device installation for up to 1 year
  • Second offense within less than 5 years of the previous:
    • Jail time of up to 1 year, with a mandatory minimum of 20 days
    • Fine of up to $2,500, with a mandatory minimum of $500
    • Driver's license revocation for 3 years
    • Ignition interlock device installation for up to 2 years
  • Second offense within 10 years of the previous:
    • Maximum jail time of 1 year, with a mandatory minimum of 10 days
    • Maximum fine of $2,500, with a mandatory minimum of $500
    • Driver's license revocation for 3 years
    • Ignition interlock device installation for up to 2 years, 8 months
  • Third offense within less than 5 years of the previous:
    • Maximum jail time of 5 years, with a mandatory minimum of 6 months
    • Maximum fine of $2,500, with a mandatory minimum of $1,000
    • Indefinite period of driver's license revocation
    • Ignition interlock device installation for at least 6 months
  • Third offense within 10 years of the previous:
    • Maximum jail time of 5 years, with a mandatory minimum of 90 days
    • Maximum fine of $2,500, with a mandatory minimum of $1,000
    • Indefinite period of driver's license revocation
    • Ignition interlock device installation for at least 6 months
  • Fourth or subsequent offense within 10 years of the previous:
    • Maximum jail term of 5 years, with a mandatory minimum of 1 year
    • Maximum fine of $2,500, with a mandatory minimum of $1,000
    • Indefinite period of driver's license revocation
    • Ignition interlock device installation for up to 6 months

Reach Out to Our Firm Today

If you've been charged with a marijuana DUI, seeking to avoid or minimize penalties is most effectively done with the help of a skilled attorney. At Tillotson & Martin, our Coastal Virginia have the knowledge and skills necessary to fight your charge.

To speak with us about your case and legal options, contact us at (757) 568-7978.

Why Choose Our Firm?

Put Tillotson & Martin on Your Side
  • We Wrote the Book.

    We were tasked with writing the book on Virginia DUI Law by Thomson Reuters Westlaw, the leading authority in legal publishing. Prosecutors, defense attorneys, and judges often turn to this resource.

  • We Possess the Knowledge.

    Not only are our attorneys committed to attending continued education courses, they lecture and teach courses themselves. In a field as scientific and technical as DUI Defense, keeping our knowledge up to date is crucial to crafting our clients' defense strategies.

  • We Truly Care.

    Mike Tillotson & Jeff Martin go the extra mile for their clients. Our team realizes that this is your future at stake and we will employ every strategy to ensure that we are providing you with the best representation possible.

  • We Have the Fight to Win.

    With nearly 40 years of combined experience, Mike Tillotson and Jeff Martin have successfully handled thousands of DUI cases, and has tried cases across the entire state of Virginia.

The Team You Need 
on Your Side

Learn more about Attorney Mike Tillotson and Attorney Jeff Martin. They have the experience and expertise that your case requires. Get started on your defense today!

Contact Tillotson & Martin Today

Call (757) 568-7978 or Fill Out a Form for a Free Case Evaluation
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