So... you go to a party with some friends and someone is passing around a joint. No big deal, right? You take a hit or two, get a nice buzz, but you're not worried. You didn't drive, you don't have work or school in the morning, and everyone else is smoking too.

Sounds fine, right?

EXCEPT - a week later you're stopped at a red light minding your own business and some idiot's foot slips on their brake pedal and they rear end you while you're sitting there. You're shaken up, your body got thrown forward and you're a little out of it. The cops show up within a few minutes. They come and talk to you to see if you're ok, but they think you're having a little trouble balancing. They ask you if you've had anything to drink. They give you a sobriety test just to be sure, which you fail because half of us out in the world couldn't pass those tests dead sober on our best day.

Next, they take you to the hospital for a blood test to make sure you're not under the influence. If you refuse to take the test you automatically lose your license for a year and you'll be charged with DUI anyway, so you take the test. You're charged with DUI, you call our office and complain that you had nothing to drink that day.

Your lawyer asks if you smoke pot. You tell him you haven't smoked in weeks. You go to the preliminary hearing because you want to fight the charges, but the blood test comes back positive for weed. But you weren't stoned! You hadn't smoked for a WEEK before you got hit, and besides, you're the innocent one that got hit!!

Guess what? It Does Not Matter! Not in Pennsylvania, anyway. In our wonderful state, the Supreme Court has decided that they're going to punish the use of the drug by making you guilty of DUI even though the judges know good and well that you weren't stoned when you were driving. It's their way of punishing you for using the drug in the first place. It's probably unconstitutional, most likely should be illegal, but it's the law.

So..... if you smoke weed and live or drive in Pennsylvania... watch out! Don't get pulled over! And if you do, beg, plead and hope that the cop gives you a breathalyzer instead of a blood test.

If you are arrested, call me immediately at (610) 566-1006 or find me at www.benarilaw.com.