Driving Under the Influence of Marijuana

Driving under the influence of marijuana is a serious criminal offense in the United States. As a result, each state has enacted laws to prohibit drivers from operating a vehicle after ingesting marijuana—even in states where medicinal use is permitted.

After stopping a vehicle, if a law enforcement officer suspects a driver is under the influence of drugs (DUID), he or she will most likely administer one or more field sobriety tests. Designed to evaluate cognitive abilities, such as balance and coordination, these tests help officers identify impaired drivers.

During a field sobriety test, the officer will keep a close eye on the subject to look for swaying and other signs of intoxication. If the person shows signs of impairment, a blood or urine test will then be administered to determine whether any drugs are present in his or her system.

Unlike alcohol, there is no standard method to determine a person’s level of impairment from marijuana. Whereas a person’s blood alcohol content can provide a fairly reliable indication of his or her recent alcohol consumption, blood and urine tests can only detect whether any drugs are present in the individual’s system. They cannot identify exactly when the substances were used.

Unfortunately, the active ingredient in marijuana (THC) can remain in a person’s body for several days after he or she last used the drug. As a result, a sober driver can be charged with DUID if he or she has used marijuana within the last thirty days.

Because the symptoms of marijuana use are quite different from those associated with alcohol intoxication, it is often difficult to prove that a person is guilty of driving under the influence of marijuana. An experienced criminal defense attorney can often challenge the evidence against you and help you avoid a life-altering DUID conviction.

Remember, driving under the influence of marijuana is a serious criminal offense and, if convicted, you may face penalties such as fines, license suspension, and even jail time. If you were recently charged with DUID, contact an attorney in your area today to discuss your case.