What to Know When You're Charged With Driving Under the Influence of Marijuana
Posted on: 25 February 2021
Everyone understands that driving under the influence (DUI) charges can lead to some pretty serious penalties. Lest you are under the impression that this charge only applies to alcohol, however, you might want to consider how using marijuana could also result in a DUI. Read on and find out more about being arrested and charged with being under the influence of marijuana.
Impairment: No Matter What the Cause
The law doesn't discriminate between the various substances, both legal and illegal, involved in a DUI charge. Even the use of legally-prescribed medication can land you in jail and be accused of DUI. The important fact to keep in mind about a DUI charge is not the substance itself but the level of impairment. If you are unable to drive without showing signs of impairment, then the presence of marijuana in your system is just as likely to cause you problems as alcohol or opiates are.
The Legality of Marijuana
As time goes by, more states are decriminalizing marijuana. Each state copes with this issue differently, creating a nightmarish mishmash of laws. This issue can come as an unwelcome surprise to those traveling to states that have vastly divergent marijuana laws than what one might be used to in their home state. While having certain controlled substances is not necessarily the same thing as being accused of impaired driving, to say they are not connected would be inaccurate. Be sure you understand the possession laws of any state you travel to. The presence of a controlled substance, legal or not, may only enhance your chances of being arrested for being impaired.
Proving Impairment
Law enforcement is responsible for proving that a driver was too impaired to properly operate a vehicle. As of yet, no biological test that can be carried out in a roadside setting exists for detecting various levels of marijuana. For that matter, there are no legal standards for what measurement would be illegal. For example, with alcohol, you can measure with a breathalyzer and arrive at a specific number that is deemed illegal. With no roadside measurement criteria, law enforcement is left with showing marijuana impairment using certain physical characteristics. If the suspect seems impaired, follow-up blood tests will confirm (or rule out) the presence of THC in the blood.
- Driving too slow.
- Not leaving stop signs or green lights quickly enough.
- Weaving in the roadway.
- Failing to stop at stop signs and red lights.
Physical characteristics that might prompt reasonable cause for an arrest and further testing include:
- Bloodshot eyes.
- Slurred speech.
- Smells like marijuana
- The presence of marijuana.
- Lethargic behavior.
No matter what substance you are being accused of using, DUI impairment convictions are extremely serious issues. Speak to a DUI attorney about your case as soon as possible.
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