The State of Montana has legalized marijuana for personal use, just as alcohol is legal for personal use. Either of these drugs can lead to DUI charges, and recently Montana has seen an increase in the a combined DUI charge with BOTH Alcohol and Marijuana in the system.

DUI crimes in Montana may be alcohol only, drugs only, or a combination of both. This combination charge can be tricky for prosecutors to prove in court.  As is more and more common these days, people will use both THC products and some amount of alcohol. Even if neither alone would be enough for a DUI charge, together they may be used as a combination of impairment for DUI charges. Understanding how these two drugs work and how they are tested is the difference between winning and losing.

A blood test is the only current test that can determine the active THC level for DUI purposes. As is becoming the norm, breath tests are a thing of the past, and blood tests are now the norm. It is VITAL that anyone attempting to be defended in a DUI charge ensure their DUI defense attorney is well versed in blood collection protocols, blood testing procedures and the testing results. I guarantee if you speak to 5 different “DUI attorneys” at least 3 of the 5 will not know enough about blood testing and results to properly defend someone.

In Montana, THC and alcohol are tested in different machines. THC is tested in a machine called a Mass Spectrometer and Alcohol is tested in a Gas Chromatograph. Most attorneys don’t even know the difference between these basics. There is a huge difference between them. Understanding how different active levels of THC and inactive metabolites paint the picture of potential impairment is essential to a great defense, and ultimately, a reduced charge or not.

Understanding these lines and measurements is everything in a DUI case. Much of the time the judge and the prosecutor don’t even know what they mean.  A winning Montana DUI defense attorney does. Our attorneys have been trained in actual laboratories about proper collection procedure, actual transfer of samples into the testing machines, and most importantly, how to understand the results of the testing.  If you need the attorneys with the best training and knowledge of current DUI prosecutions, contact the Judnich Law Office today.