Marijuana DUI Defense In Sioux Falls
Marijuana-related driving under the influence (DUI) allegations present unique legal and scientific issues that differ from alcohol-based DUIs. For drivers in Sioux Falls and throughout South Dakota, an arrest can arise from a routine traffic stop and quickly escalate into a complex case involving officer observations, field tests and chemical testing.
Drivers in these situations will benefit from representation from a criminal defense attorney like me, Ryan Kolbeck. At my firm, Kolbeck Law Office, I provide focused legal defense for individuals facing marijuana DUI charges, including careful review of the stop, the investigation process, and the reliability of the evidence the state intends to use.
Why Marijuana DUI Cases Are Different
Marijuana DUI cases stand apart from common DUI matters because the tools and assumptions often used in alcohol investigations do not translate neatly to THC impairment. Standardized field sobriety tests (SFSTs) used by South Dakota law enforcement – such as the walk-and-turn, one-leg stand and horizontal gaze nystagmus – were developed and validated primarily to detect alcohol impairment, not cannabis-related impairment. THC affects individuals differently, and the outward signs may not match what officers expect from an alcohol-impaired driver.
In addition, chemical testing for THC creates a fundamental challenge: blood or urine results can reflect prior use rather than current impairment at the time of driving. Unlike breath alcohol testing, which offers a relatively direct measure tied to present intoxication, THC can remain detectable well after acute effects have diminished. This disconnect can make marijuana DUI cases heavily dependent on subjective observations, interpretation of performance on tests designed for alcohol, and conclusions drawn from toxicology results that may not prove impairment at the moment.
How Marijuana DUI Arrests Happen
South Dakota law enforcement usually follow protocol when making a marijuana DUI arrest. Below is how these DUI stops usually unfold:
- Traffic stop: An officer initiates a stop based on an alleged traffic violation, driving behavior or equipment issue.
- Initial investigation: The officer makes contact, asks questions and notes observations such as odor, red eyes, demeanor, coordination or statements about recent use.
- Field sobriety tests: The driver may be asked to perform SFSTs at roadside, and the officer records performance as part of the impairment assessment.
- DRE involvement: In some cases, a drug recognition expert (DRE-trained officer) is called to conduct a more specialized evaluation and form an opinion about drug-related impairment.
- Chemical testing: The investigation may lead to a request for chemical testing, commonly blood, and the results may be used to argue THC exposure and impairment.
- Arrest and charges: If the officer believes probable cause exists, the driver may be arrested and charged, with the case proceeding through the South Dakota criminal court process.
At Kolbeck Law Office, I look closely at all the steps that law enforcement has taken to arrest my clients on marijuana charges, and I work relentlessly to devise strategies that give them every opportunity to help them in their cases.
Contact Kolbeck Law Office Today To Consult An Experienced Marijuana DUI Attorney Today
A marijuana DUI charge can hinge on nuanced questions about testing, timing and interpretation. Because SFSTs were built around alcohol impairment and THC testing may indicate past use rather than present impairment, these cases often require a careful, evidence-driven defense. I represent clients in Sioux Falls by scrutinizing the stop, the investigation methods, the role of DRE opinions, and the scientific limits of THC testing to challenge the state’s case and protect clients’ rights. Contact my office today at 605-937-8376 or through my online contact form.