We all know that drunk driving will get you a DUI. However, you may be wondering, what if you are under the influence of marijuana at the time of driving? Can you be convicted? The answer is yes, although the specificities will depend on the laws of the state you are resident in. This applies even if your marijuana use was legal. In this article, we share more with you about the impact of marijuana use on DUI charges.
How DUI Charges Apply to Marijuana Use
Even if recreational or medical marijuana use is legal in your state, you can still get a DUI charge if you drive while your THC levels are high. This is known as the “per se” charge. Just like an alcohol-based DUI is based on blood alcohol concentration (BAC), you are prohibited from driving with a certain level of THC in your blood. This means that you don’t have to be involved in an actual accident to be charged. If your blood test results show that your THC level is above the legal limit, a DUI charge can apply.
The other kind of charge that relates to marijuana use is the impairment DUI. With this charge, the offender displays obvious signs of being under the influence, such as slurred speech and bad driving. Although different states have different definitions for “impairment”, your behavior is just part of what prosecutors can use to effect a DUI charge. In some states, it is enough to show that your behavior was affected in some way, even if it’s not substantial or drastically.
Do the Same Penalties Apply?
If you have been charged with a DUI as a result of marijuana use, you will face much the same penalty as that of an alcohol-based DUI offender. Depending on whether you are a first offender or a repeat offender, below are some of the possible consequences you can face:
- Mandatory DUI education classes
- License suspension
- Fines and/or jailtime
- Probation
As is the case with many other offenses, repeat offenders will face more serious consequences than first offenders. Keep in mind that when deciding whether to pass a DUI charge, it can help if the offender shows remorse and that they are taking accountability for their actions. This can mean voluntarily signing up for DUI education classes before the sentence has been passed. In some cases, this can help your attorney fight for a lighter sentence for you.
Attend DUI Education Classes Safely
At Jackson-Bibby Awareness Group, we are always here for you on your path to recovery and license reinstatement, even during the pandemic. We are offering individual and group counselling sessions via Zoom for the time being, which you are expected to attend and participate in actively. Telehealth sessions are expected to go on for a limited time only and DUI education classes will be resumed in person as soon as it’s possible to. If there is anything you are unsure of, please feel free to take a look through our FAQs.
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