What are the Criminal Penalties for a Marijuana DUI?

An arrest for driving under the influence of drugs can be surprising. The general thought is the only way an officer can arrest you for a DUI is with a breathalyzer test. This is far from true. If it even appears that you are driving under intoxication with marijuana, you can be arrested. If this does happen, you could be facing some heavy penalties without proper legal representation.


Common Penalties for a DUI with Marijuana

The laws vary from state to state, but there are some general penalties. As far as states with medical legalization and recreational legalities, more will become clear over time.

  • The primary problem with a marijuana dui is that literally any amount of THC or metabolites of marijuana is considered intoxication. Being over the limit is also the same and you can be arrested for DUI.
  • There are some states which require arresting officers to determine intoxication by behavior or actions. Proof of this “high” is necessary for the prosecution to use it against the defendant.
  • Criminal charges can be avoided with a prescription for marijuana in half of the states. While no legal limit has been set, those using this plant for medical purposes have a higher exception.

No Way to Tell

Since marijuana intoxication is poorly defined by blood tests or any other testing method to confirm intoxication, the laws are a bit fuzzy. As far as zero tolerance states are concerned, you are bound by those laws and likely to face legal prosecution for driving under the influence of marijuana.

No matter what, if you do get arrested for this reason, hiring an excellent attorney will go far to your advantage. With the proper actions, fines and penalties can be reduced or even eliminated. Hire an attorney who has a lengthy record of trying and winning such cases.