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.
Cannabis DUI offenses are often mishandled by not only the courts, but defense attorneys. Learn about the top 5 mistakes that commonly occur in THC related DUI charges in Montana: https://youtu.be/f3TbeNI1scE
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.
A THC Combination DUI Is Not a Simple “Failed Test” Case.
Montana DUI cases involving both alcohol and marijuana can be complex because prosecutors may argue that two legal substances combined to create impairment. The defense depends on more than a number. It can involve blood draw procedure, active THC levels, inactive metabolites, alcohol testing, timing, and whether the State can actually prove impairment.
Alcohol Evidence
Alcohol may be tested and interpreted differently than THC, so the defense should review the testing method and timing.
THC Evidence
THC cases often depend on blood testing, active THC, inactive metabolites, and whether the result shows impairment.
Combined Theory
Prosecutors may argue that neither substance alone was enough, but the combination caused impairment.
Lab Procedure
Collection, storage, transfer, testing, and interpretation can all affect how reliable the evidence really is.
What Part of the THC Combination DUI Case Needs Review?
Tap the issue that sounds closest to your case. Each one can create a different defense angle.
Was the Alcohol Evidence Enough?
In a combination DUI, the alcohol number may not tell the whole story. The defense can review timing, testing method, driving behavior, officer observations, and whether the alcohol evidence actually supports impairment.
Does the THC Result Show Active Impairment?
THC evidence can be misunderstood. Active THC and inactive metabolites can tell different stories, and the presence of THC does not automatically explain driving behavior or prove impairment.
Can the State Prove the Combined Effect?
Prosecutors may claim alcohol and THC worked together to impair driving. A strong defense asks whether that claim is supported by science, observations, timing, testing, and reliable interpretation.
Was the Blood Test Handled Correctly?
Blood collection, storage, transfer, chain of custody, machine testing, and lab reporting can all be reviewed. A small procedural issue may become a major evidence issue.
The Evidence Chain in an Alcohol + THC DUI
These cases often turn on whether the State can connect the test result to actual impairment at the time of driving.
01 The Stop and Officer Observations +
The case may begin with driving behavior, odor, red eyes, speech, balance, or field sobriety tests. These observations can be challenged when they are vague, inconsistent, or explained by other factors.
02 The Blood Draw +
Blood testing starts before the machine ever runs the sample. The defense can review who collected it, how it was labeled, whether protocols were followed, and whether the sample was preserved correctly.
03 The Lab Testing +
Alcohol and THC are tested differently. The lab method, machine records, calibration, quality control, and analyst interpretation may all matter in a combination DUI defense.
04 The Meaning of the Result +
A result is not the same as proof. The defense can examine whether the State can connect the numbers to impairment, timing, driving, and the actual facts of the arrest.
What a THC Combination DUI Lawyer Can Challenge
A combination DUI should be reviewed from multiple angles, because the State must prove more than simple alcohol or marijuana use.
Active vs. Inactive THC
THC data can be misread. The defense can examine whether the result actually supports current impairment.
Testing Machines
Alcohol and THC testing involve different lab methods, different machines, and different interpretation issues.
Reports and Assumptions
Police reports and lab summaries may leave gaps between “substance present” and “impaired driving.”
See What Clients Say About Judnich & Sherwood
Alcohol and marijuana DUI cases can feel confusing because the science, testing, and court process are not always easy to understand. Reviews help visitors feel more comfortable before reaching out.
Charged With a Montana DUI Involving Alcohol and Marijuana?
Speak with Judnich & Sherwood before assuming the test result tells the whole story. A combination DUI may require a deeper review of blood testing, THC interpretation, alcohol evidence, police observations, and lab procedure.
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 & Sherwood P.C. Office today.
