Morgantown Marijuana DUI Lawyer

Trusted Marijuana DUI Attorney in Morgantown

In West Virginia, a marijuana DUI charge carries much of the same weight as an alcohol related DUI in the state. Like alcohol, marijuana can impair drivers operating motor vehicles and heavy machinery while under its influence. What makes marijuana DUIs trickier is that there is no quick or precise way to test for intoxication. If you have been arrested for a marijuana related DUI, a Morgantown marijuana DUI lawyer can assist you.

At Crowe Law, we understand the long-lasting impact a marijuana DUI can have on your driving record, employment status, and personal life. West Virginia is unique in that the state’s marijuana laws differ from those of certain cities, like Charleston, where it is decriminalized.

Confusing jurisdictions can make cannabis consumption complex for citizens, especially those who utilize it for medical purposes. To better understand your rights, hire a marijuana DUI lawyer today.

Marijuana DUIs in West Virginia

Unlike alcohol, marijuana does not have a breathalyzer test that can be administered quickly or on the scene to prove a legal limit. Instead, arresting officers must prove not only that marijuana was consumed, but that it was the cause of your impaired driving. Field sobriety tests and physical signs like red eyes or a dry mouth can be used as suspicion, but do not alone prove marijuana impairment. Instead, police rely on blood and urine tests to prove cause.

Through these blood and urine tests, law enforcement can prove impairment if even 3ng/ml of THC is detected, via “Per Se” evidence recognized in West Virginia. It makes sense that penalties can be extreme for marijuana DUIs when over 40% of drivers who are involved in fatal car accidents are found with THC in their system.

Potential Penalties

The penalties for a first offense or misdemeanor marijuana DUI in Morgantown include:

• Up to six months in jail
• Fines not exceeding $500
• A mandatory license suspension of at least 90 days or up to six months

Penalties for a second offense within ten years include:

• Up to one year in jail
• Fines up to $3,000
• A mandatory license suspension of at least 5 years or up to 10 years

Penalties for a third or subsequent offense within ten years include:

• Up to three years in prison
• Fines up to $5,000
• A mandatory license suspension of ten years, or a life revocation.

How a Marijuana DUI Lawyer Can Help You

Even if you consume marijuana legally with a medical marijuana card, driving under the influence on West Virginia roads can lead to long-lasting, severe penalties. You do not have to navigate your marijuana DUI case alone. A skilled Morgantown marijuana DUI lawyer will review your case and can help you mitigate the harsher penalties if you have been arrested for a marijuana DUI in West Virginia.

An experienced marijuana DUI attorney will utilize their extensive knowledge of West Virginia DUI law to work with you to build a strong defense in your case. Having the right legal representation on your side throughout your marijuana DUI case could help reduce the more severe penalties associated with the charges you might be facing. Our attorneys will help you from the beginning of your case throughout the settlement or trial, including through:

• Reviewing and challenging the conduct or reasonable suspicion of the arresting officers.
• Reviewing and challenging the substance testing conducted after the arrest. Marijuana blood and urine tests show previous consumption, not necessarily currently active use.
• Examining and questioning the administration of field sobriety tests and dash or body cam footage from the officer.

In a marijuana DUI case, the goal of your attorney will be case dismissal or reduced penalties if dismissal is not a realistic goal.

FAQs

What Are the New DUI Laws in West Virginia?

In 2026, West Virginia introduced new and updated laws concerning DUI offenses. Baylea’s Law increases the minimum and maximum prison sentences and doubles the fines for fatal DUI accidents. Drivers who are caught driving with an extreme blood alcohol content of .16% or higher might get a mark on their physical license, prohibiting the purchase of alcohol where ID checks are mandatory.

Stricter bail for second or subsequent DUI offenders was issued to force judges to consider substance dependency risks.

Does Marijuana Fall Under DUI?

Yes, driving while under the influence of marijuana is still considered a DUI, even if the marijuana is prescribed and used for medicinal purposes. While there is no universally accepted limit to operate a motor vehicle on marijuana, sobriety can only be tested through blood, urine, or saliva tests that cannot be taken at the site of the stop. Instead, law enforcement will use field sobriety tests, such as red eyes, smoke odor, and other physical symptoms, to prove impairment.

What Happens if You Get Caught With Marijuana in West Virginia?

While patients who have a state-issued medical card and towns like Charleston have decriminalized it, recreational marijuana is still illegal in West Virginia, and possession of any amount is considered a misdemeanor.

The first offense for possession of marijuana without a medical card in West Virginia can result in a minimum of 90 days or a maximum of 6 months in jail, and fines no more than $1,000. Speak with a Morgantown marijuana DUI attorney to discuss your case.

How Does Law Enforcement Test for a DUI for Marijuana in West Virginia?

In West Virginia, drivers can be charged with a “per se” DUI if 3ng/ml or more of THC is detected in their blood. Police test for marijuana through a mix of physical and chemical testing. Roadside tests like the walk-and-turn are used for immediate testing, along with blood or urine tests that can be completed within hours of arrest. West Virginia police also use saliva screening that can be implemented at the scene and gives results within 5 minutes.

Hire a Marijuana DUI Lawyer

Do not let a night behind the wheel put your job, your family, or your recreational time on the line. Marijuana laws have evolved over the last decade more rapidly than in the past, and these charges do not necessarily have to result in extreme ramifications. Contact the office of Crowe Law, LLC, today to see how a Morgantown marijuana DUI lawyer can help you.