With more states adopting a more relaxed stance on the legalization of marijuana, this question is becoming more prevalent. A DUI involving alcohol has a measurable limit set by a standard of .08% blood alcohol content if you are 21 years of age or older. If you’re caught driving with a BAC level of .08% or higher, you’re charged with a DUI. However, the exact levels for inebriation when it comes to marijuana are less clear and to make matters worse, there isn’t a clear consensus on what should be tested when it comes to DUI involving the now legalized substance.
It’s important to understand that every state that has legalized marijuana has a different policy regarding it’s sale, use and possession, as well as what constitutes intoxication when it comes to driving after consuming marijuana.
DUI Laws regarding Marijuana Are Already on the Books
It is still illegal to operate a vehicle or boat while under the influence of marijuana. Prior to the legalization of cannabis, there were already laws regarding driving under the influence of substances other than alcohol. In these situations, police stations have what’s known as a DRE, or drug recognition expert. A DRE has been trained to recognize the signs and symptoms of drugs in a persons body. If a DRE has determined that you’re impaired, it typically results in a blood test and, pending positive results, being charged with a drug related DUI that you’ll have to defend in court.
A conviction for driving under the influence of marijuana (first offense) can result in a fine of $300 and up to 90 months in jail. You may also suffer additional collateral consequences including but not limited to job loss, loss of security clearance, higher insurance premiums or loss of insurance altogether and electronic monitoring of your vehicle.
What Should I do?
If you’re charged with DUI involving marijuana, then it’s important that you hire an attorney immediately. Because of the quickly changing nature of marijuana and DUI laws, it’s important that you start working with your attorney as soon as possible to allow enough time to form a viable defense. Contact the legal offices of Alpert Schreyer and schedule a free case evaluation for your DUI case. A DUI is a very serious matter, and because of the widespread sensationalism of marijuana legalization, many eyes will be turned to the courts. Make sure you’re prepared and get the help of the drug crimes attorneys at Alpert Schreyer today.