How Can Marijuana Be Considered A DUI?

Posted by Alan Finkel on January 5th, 2023

The recent arrest of an NFL player for driving under the influence of Marijuana has brought attention to this little-known crime, and you should know about Marijuana DUIs.

Although Marijuana has been legalized in some states, driving under the influence is still illegal in all states—and a "marijuana DUI" can result in serious consequences.

Even though marijuana DUI laws exist across the country, whether Marijuana in one's system impairs driving or increases the risk of a car accident is debatable. Although driving high can result in slower reaction times and decreased peripheral vision, high drivers generally compensate for these deficiencies by being more cautious.

Marijuana DUI Laws

DUI laws for Marijuana vary by state, just like the issue of marijuana legalization. Driving with any amount of Marijuana in one's system is illegal in some states. Because Marijuana found at any level in the driver's system can result in a DUI arrest, this type of law is often called a "per se" DUI.

Marijuana testing assesses the presence of marijuana metabolites, which can linger in a person's system for days, weeks, or even months after drug use. As a result, per se laws may be problematic in states where Marijuana is legal. Medical use does not have to occur immediately because it'll detect blood, urine, or even hair samples.

In such jurisdictions, if a marijuana DUI test reveals that the drug is present in the driver's blood or urine at levels above a certain concentration, the person is considered to be driving under the influence. DUI marijuana levels vary by jurisdiction, as blood alcohol level thresholds differ by state.

Even if a person tests below the legal limit, he can still be charged with driving under the influence. To prove impairment, a prosecutor in some states can present evidence of the driver's behavior or other extraneous evidence (such as the smell of Marijuana coming from the vehicle). In a few states, the prosecutor must prove impairment even if the driver had a relatively high level of Marijuana in his system; erratic behavior or speech patterns, as well as the arresting officer's testimony that she smelled Marijuana, are examples of such potential evidence.

Marijuana DUI Penalties

The penalties for driving under the influence of Marijuana are similar to those for driving under the influence of alcohol and may include one or more of the following:

• Jail for community service (up to one-year incarceration)
• Use of a vehicle ignition interlock device (vehicle will not start until the driver passes a breathalyzer test)
• Prison (one year or more incarceration)
• Arrest at home
• License revocation
• Probation
• Possession of a vehicle
• Participation in a drug/alcohol rehabilitation program
• Involvement in a victim impact program
• The driver was at fault in an accident, especially if there was bodily harm, death, or property damage.
• It should be noted that the following penalties are more severe:
• The driver had a suspended license or was driving without a valid license.
• The driver is a repeat offender with at least one prior DUI conviction.
• Marijuana testing revealed that he had a very high level of the drug in his system.
• At the time of the arrest, a minor was in the vehicle.

A judge has broad discretion in most states regarding marijuana DUI sentencing. First offenses, as long as there are no aggravating circumstances such as those described above, are frequently sentenced to less severe punishments, but each case is different.

The most important takeaway is that driving under the influence of Marijuana can be just as serious as driving under the influence of alcohol in many jurisdictions. In some states, it can be even easier to prove. Always check your state laws to determine which rules apply to you. But if you want to know more about your specific case, you can consult with an experienced DUI Defense Lawyer in Norwich, CT. So, you'll find the answers you seek, which will surely bring you clarity.