It seems as if more and more stakes are legalizing marijuana. Some states have already legalized marijuana for medicinal use. Others have actually legalized it for recreational purposes as well. Idaho is not one of them. It is illegal to carry or use marijuana for any reason in Boise. This means that, it doesn’t matter what the excuse, if you’re pulled over while high, you can be arrested and charged with DUI.
One question a lot of drivers have is why they can’t use marijuana in Idaho if they have a medical marijuana card from another state. For example, if you’re traveling through Idaho, why would you not be able to use your medical marijuana? This is because you have to follow the rules and laws of whatever state you’re in at the time you’re stopped. If the police in Boise pull you over and smell or detect week, they will arrest you. First, you’ll be issued whatever citations are needed for the possession of marijuana. Second, you can be arrested for DUI as well. It depends on whether you come across as impaired or not.
The DUI laws in Idaho are rather strict. They don’t care what the other states say, they still have very old-fashioned laws. For example, you don’t have the right to refuse a breathalyzer in Idaho. If you do, you will face the consequences. The same is true for a field sobriety test. If you refuse the test, you will face both civil and administrative consequences. This means that, if you’re arrested for DUI in Boise, you really need to call an experienced DUI defense lawyer in Idaho.
Doesn’t Idaho Have to Respect the Laws in Your Home State?
If you decide to travel through or in Idaho, then you agree to be subjected to the laws of Idaho. If you’re from Colorado or California, that doesn’t mean you’re exempt from Idaho’s laws on marijuana. This means that, just because you have your medical marijuana card from another state doesn’t mean the courts in Idaho will respect it. Idaho has not, and doesn’t appear to be looking to legalize marijuana any time soon. Activists are trying to add it to the ballot for this year. However, there’s no guarantee whether it will be legalized or not.
The courts in Idaho have no reason to honor the laws of another state. When on the roads in Idaho, you give consent to follow the rules and laws of Idaho. If you’re pulled over in Boise and have marijuana on you, there’s a good chance you’ll be arrested for DUI. The police would rather arrest you now and find out you weren’t high later. At least that way, they protect the other motorists on the road. Public safety is their highest priority and concern.
You Are Better Off Leaving Your Marijuana at Home
If you plan on traveling through or to Boise, Idaho, it’s a good idea to leave your marijuana at home. No matter how small the amount, it is illegal to have marijuana on your person or in your car in Boise. The same is true when it comes to DUI. If the police suspect you’re under the influence of marijuana or any other drug, you will be arrested and charged with DUI. And you’ll be facing the same consequences as if you were arrested for being under the influence of alcohol.
Contact an Experienced DUI Lawyer in Boise, Idaho if You’ve Been Charged with DUI
Some people think that they can’t be arrested for DUI if they’re under the influence of drugs. That simply isn’t the case. Not only can you be arrested and charged with DUI, but you’ll be facing very serious penalties. This extends to people who have a medical marijuana card in another state. Just because marijuana is legal in another state, that doesn’t change the laws in Idaho. If you live somewhere that marijuana is legal (such as Colorado), that doesn’t mean it’s legal for you to carry and use it in Idaho.
The penalties for DUI in Idaho are very serious. If you’re facing these kinds of charges, you should call our office right away. Let one of our skilled DUI defense lawyers try to negotiate a reduction or dismissal of your DUI charges. They will try to negotiate with the prosecutor or poke holes in the state’s case. Call today and talk to one of our lawyers. Your court date is not that far off. You don’t want to try to handle this all on your own.