Driving High. What Happens if I Get a Marijuana DUI?
As more states legalize marijuana/cannabis for medical and recreational purposes, driving under the influence (DUI) of marijuana has become a real concern.
What happens if you or a loved one is caught driving high? Let's unpack marijuana DUI and its legal consequences.
What Constitutes a Marijuana DUI?
Marijuana DUIs occur when a driver operates a vehicle while impaired by marijuana. Unlike alcohol, which has a legal blood-alcohol level, marijuana impairment is more complicated. THC, the active component in marijuana, affects everyone differently, making it hard to pinpoint a universal "safe" level for driving.
Testing for marijuana impairment often involves a combination of blood, urine, or saliva tests to detect THC levels. However, these tests can sometimes detect THC long after the effects have worn off, making it harder to determine actual impairment at the time of driving.
Signs of Marijuana Impairment
Law enforcement officers in Pennsylvania are trained to spot signs of marijuana impairment. These include red eyes, slow response times, poor coordination, and the smell of marijuana. Officers might look for disoriented behavior or an inability to maintain coherent thoughts. Fluctuating speeds and erratic driving patterns can also indicate marijuana impairment.
If an officer suspects you’re driving high, they may conduct field sobriety tests and request a blood test to check for THC levels.
The Role of Field Sobriety Tests
Field sobriety tests, such as the walk-and-turn, one-leg stand, and horizontal gaze nystagmus tests, are commonly used by law enforcement to assess impairment. While not foolproof, these tests provide officers with additional evidence of impairment when combined with other observations.
The walk-and-turn test requires the individual to walk heel-to-toe along a straight line for a few steps, turn on one foot, and return in the same manner. This test checks your ability to follow instructions, balance, and coordination, all of which can be impaired by marijuana use.
The one-leg stand test involves standing on one leg while counting aloud until told to stop. This test also measures balance and the ability to maintain focus and follow directions. Marijuana impairment can lead to swaying, using arms for balance, hopping, or putting the foot down prematurely.
The horizontal gaze nystagmus test looks for involuntary jerking of the eyes, which occurs at more pronounced angles in an impaired person. THC can influence this reflex, making it another useful tool for officers.
In addition to physical tests, officers might also use a preliminary breath test (PBT) to rule out alcohol impairment. If you pass this test but still show impairment, it suggests drug-induced impairment, leading to further THC testing through blood or saliva tests. Collectively, these assessments help create a clearer understanding of whether marijuana use affects your ability to drive.
The Role of Blood Tests for THC
If field sobriety tests indicate impairment, you may be asked to take a blood test to measure the level of THC in your system. Pennsylvania has a zero-tolerance policy for Schedule I controlled substances, including marijuana.
This means any detectable amount of THC could result in a DUI charge.
Blood tests for THC are considered more reliable than urine or saliva tests, especially when determining recent use. However, THC remains detectable in the blood for several hours after use, which can complicate the determination of actual impairment.
The timing of the test is crucial, as THC levels peak relatively quickly, usually within a few minutes to a couple of hours after consumption, and then decline as the substance is metabolized and stored in body fat.
Another factor is the type of THC detected. Blood tests primarily look for Delta-9 THC, the psychoactive component responsible for the "high," but can also detect THC-COOH, a non-psychoactive metabolite that indicates past use. The presence of THC-COOH alone is not enough to establish impairment, as it can remain in the system for days or even weeks.
False positives can also occur due to secondhand smoke exposure or ingestion of THC-infused products like edibles and tinctures, which metabolize differently compared to inhaled marijuana.
The accuracy and reliability of blood tests can be influenced by several variables, including the individual's metabolic rate, frequency of marijuana use, and even the specific laboratory procedures used.
Legal Consequences of a Marijuana DUI in Pennsylvania
Pennsylvania has strict DUI laws. Penalties include fines, license suspension, and even jail time. The severity of the punishment often depends on whether it is your first offense or a repeat offense.
Penalties for a first offense may include a fine of up to $5,000, a mandatory minimum of 72 hours in jail, and a 12-month license suspension. Mandatory participation in a drug and alcohol treatment program may also be required. Repeat offenders will face harsher consequences.
A second offense can lead to a fine of between $750 and $5,000, a mandatory minimum of 30 days in jail, and an 18-month license suspension. Subsequent offenses come with even steeper penalties, including longer jail sentences and higher fines.
Besides, having a marijuana DUI on your record can have long-term repercussions. It can affect job prospects, result in higher insurance premiums, and impose social stigma. Legal fees and the cost of required treatment programs can also accumulate, creating a significant financial burden.
Can Medical Marijuana Users Be Charged with a DUI?
Having a medical marijuana card does not grant immunity from DUI charges. In fact, cardholders must exercise even greater caution since the presence of marijuana in their blood can be used as evidence of impairment, regardless of whether it was for medical purposes.
Medical marijuana users should keep detailed records of dosage and usage times to help differentiate between medical and recreational use in case of legal scrutiny. A cannabis DUI attorney can guide and prepare them for potential encounters with law enforcement. Being aware of local regulations and driving protocols can also minimize the risk of facing a marijuana DUI charge.
Defending Against a Marijuana DUI Charge
A skilled attorney can use various defenses to protect you against a marijuana DUI charge. Common strategies include challenging the accuracy of field sobriety tests, disputing the validity of blood tests, and questioning the legality of the traffic stop.
They might also gather evidence to demonstrate that the driver's impaired behavior was due to legal or medical conditions unrelated to marijuana use. They may argue that the presence of THC in the blood does not necessarily equate to impairment, citing the lack of a definitive correlation between THC levels and one's ability to drive.
In some cases, lawyers may seek to have evidence excluded if it was obtained through improper or unconstitutional means, such as an unlawful traffic stop or search.
Contact a DUI Lawyer in Murrysville, Pennsylvania
Facing a criminal charge of any kind is incredibly difficult. I understand this, which is why I want you to have a fighting chance to prove your innocence. I have helped countless clients overcome their criminal charges and earned my reputation as a passionate defender of Pennsylvanians' rights.
If you or someone you know is facing a Marijuana DUI charge, call the Law Offices of James Crosby. I'm here to help you fight for the justice you deserve.