Marijuana Auto Accidents: Proving Innocence with Drug Testing

When an automobile accident occurs, there may be allegations of drug use by the operator of the driver of one or more of the vehicles involved in the accident.  Occasionally, allegations may include the use of marijuana.  In marijuana auto accidents, drug tests may be utilized in order to prove one's innocence of the use of marijuana.

How False Accusations of Marijuana Use Arise in Auto Accidents

False accusations of marijuana use can arise in automobile accidents in a variety of ways. Some common scenarios of how one may be falsely accused of driving while using marijuana include, but are not limited to, the following:

• someone else's marijuana in the automobile is seen by police officers in the automobile at the scene of the automobile accident and then is attributed to the driver of the automobile
• marijuana is at the scene of the accident where the automobile accident occurs which is mistakenly thought to be the driver's marijuana
• a witness mistakenly believes that a driver of an automobile involved in the accident was smoking marijuana when in fact the driver was smoking a cigarette or not smoking anything at all

Drug Testing to Prove Innocence

In order to show that one is not under the influence of marijuana one may seek to have drug testing.  Drug testing may consist of a urine test or a blood test.  Generally, if a blood test is performed under controlled circumstances and a proper chain of custody can be illustrated by the attorney seeking to demonstrate the party's innocence, the test will prove that the party was free of the influence of marijuana. 

Getting Legal Help

If one has been charged with driving under the influence of an illegal substance or drugs, such as marijuana, one should consult with a criminal defense attorney as soon as possible after being charged with the crime.