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Can You Get a DUI for Marijuana? The Surprising Truth

As marijuana legalization becomes more widespread, questions about its impact on driving laws are increasingly common. Some drivers mistakenly believe that marijuana-related DUIs carry fewer consequences than those involving alcohol. However, the reality might surprise you: driving under the influence of any substance, including marijuana, is illegal. These laws are in place to keep roads safe and apply just as strictly to drugs like marijuana as they do to alcohol.

We'll break down everything you need to know about Marijuana DUI charges and Marijuana DUI laws, including how they’re enforced, the testing methods police use, the penalties you could face, and the key differences between marijuana and alcohol when it comes to impaired driving.

Marijuana and DUI – What’s the Connection?

When you consume marijuana, it can impact your driving ability, much like alcohol. This can affect your reaction time, coordination, and decision-making on the road.

Driving under the influence of marijuana is handled similarly to alcohol-related DUIs. Even in states where marijuana use is legal, the law considers both your level of impairment and, in some cases, the amount of the substance in your system. The key focus is whether your driving ability is compromised.

Understanding Marijuana DUI Laws

Understanding marijuana DUI laws can be tricky, as they differ from those for alcohol. 

With alcohol, impairment is usually measured by your Breath Alcohol Concentration (BrAC). However, there isn’t a universal standard for marijuana impairment. Instead, marijuana DUI laws focuses on how THC, the active chemical in marijuana, affects your ability to drive safely.

How Police Test for Impairment in Marijuana DUI Cases

Standardized Field Sobriety Tests

Standardized field sobriety tests check balance, coordination, and attention through tasks like walking a straight line or following an object with your eyes. They help officers spot physical signs of driving under the influence of marijuana.

Drug Recognition Expert (DRE) Evaluation

If initial marijuana DUI testing methods suggest impairment, a Drug Recognition Expert may conduct a more detailed evaluation. This involves checking vital signs and conducting physical and cognitive tests. 

Chemical Tests

Chemical tests can detect THC in your system through blood, urine, or saliva samples. Unlike alcohol, there's no national standard for THC levels defining impairment.

Unsure Where to Start? Contact us and we'll guide you through the next steps in your DUI process.

Possible Penalties for DUI Marijuana

Worried about the penalties for marijuana DUI charges? Here's what you might face, according to the marijuana DUI laws.

A DUI marijuana can result in serious consequences, similar to an alcohol DUI. While penalties vary by state, they often include several common elements.

  • Fines: Financial penalties can be steep, ranging from hundreds to thousands of dollars. Understanding the financial impact of DUI can prepare you for potential costs.
  • License Suspension: Losing your driving privileges is common, with suspensions lasting from months to over a year, affecting your mobility. You may be required to complete requirements, such as attending a DUI program, installing an IID, and filing an SR-22 insurance certificate, before being allowed to drive again.
  • Community Service: Courts may require community service as restitution and a reminder of driving responsibilities.
  • Probation: Some states impose probation, requiring adherence to conditions like check-ins or educational programs.
  • Possible Jail Time: In severe cases, this is possible, especially for repeat offenses or DUIs involving accidents. Understanding multiple DUI penalties can provide insight into the severity of repeated offenses.

Additionally, consider the possibility to expunge a DUI from your record post-conviction, as this can significantly impact your future. Read more about how long a DUI remains on your record, which can help you learn the long-term effects of marijuana-related DUIs.

How Long Does Marijuana Stay in Your System?

Unlike alcohol, THC, the key compound in marijuana, lingers in your body for days or weeks, depending on usage and metabolism. This makes marijuana DUI cases complicated because you could test positive for THC impairment and driving, even if you haven’t used a marijuana product recently. 

Stay Safe – Avoid Driving Under the Influence

Driving demands full attention and sound judgment. Whether it's marijuana or alcohol, impaired driving risks your safety and others. If you've used any substance, it's better to find a ride with a sober driver.

Take Action with DUI.org

DUI.org is here to support you through the legal and administrative maze of DUI chrage for marijuana. From understanding state laws to connecting you with resources like Ignition Interlock Devices and SR-22 insurance, we provide the guidance you need. Call our representatives to be connected to an IID or insurance specialist. 

If you need legal assistance, consider hiring a qualified DUI attorney to ensure you have the best representation possible.

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