More than a dozen states have recognized medical marijuana, and others have decriminalized it, but in every single state it is a criminal offense to drive under the influence of marijuana. The laws that determine what constitutes a marijuana DUI differ from state to state, however. There are a few different definitions of what it means to be under the influence of marijuana, and then there are also various definitions of what it means to be driving. Here then is an overview of the various marijuana DUI charges and penalties.

Defining "Under the Influence"
More than a dozen states, including Washington and Colorado, operate on "per se" DUI laws. What this means that having any trace of marijuana in one's system is automatically a reason to be charged with a DUI. Unfortunately, this usually means that any of the compounds in marijuana that remain in your system after use could land you a DUI charge. This means that days, possibly weeks after use, there would be traces of marijuana in your system, and this would be enough to convict you of a DUI, even if you were using medical marijuana.

Then there are other states that use tests to see how much marijuana was in a driver's system in order to determine whether or not a driver was impaired. With alcohol, it is automatically assumed that a driver is impaired if they have a blood alcohol concentration of 0.08 percent or higher. With marijuana, there can be a limit of nanograms/liter of marijuana, a point at which courts will assume that a driver was impaired. Field sobriety tests are not needed, nor is testimony of the driver's behavior important. A failed blood or urine test could be enough to be convicted. (Being under the legal limit is not an automatic defense, however. You would still have to fight the accusation that you were impaired.)

Finally, there are a few states where it has to be proved that the driver was actually impaired. The results of a blood test do not matter as much as the facts of a driver's actions. While reckless driving would probably nail the case that you were impaired, you could have been driving safely and still get charged with a marijuana DUI. If an officer smelled marijuana coming from your car, saw that your eyes were bloodshot, and noticed that your speech was slurred, this could be taken as proof that you were impaired.

Defining "Driving"
This might seem like a silly thing to have to define, as after all, if you were pulled over by an officer, it is usually pretty obvious that you were the one driving. But what happens if you were behind the wheel of a car that wasn't even on? What if the keys were not even in the ignition? It is up to a judge to look at the various circumstances around your charge to decide if you had control of the vehicle, had plans to drive, or had already driven under the influence when you were found by an officer. Things that a judge could examine include whether or not the engine was on, the car was moving, the vehicle was in working condition, the driver was awake, the tank had any gas, and more.

Penalties for a Marijuana DUI Conviction
Again, varying on state law, and depending on the specifics of a charge, the penalties for a marijuana DUI could include a jail or prison sentence, fines, probation, ignition interlock device installation, license suspension, vehicle impoundment, drug/alcohol abuse program completion, and more. Penalties can escalate in severity if there are certain aggravating factors involved. This could include having a prior conviction, having a minor in the vehicle with you, driving on a suspended license, causing a crash, etc.

While some states have maximum sentences that place a limit on the jail sentence of fine that can be imposed for a charge, some states have mandatory minimum sentences. These sentences are usually triggered when someone has a prior DUI conviction, and it usually means that a defendant is certain to face time or jail in prison if convicted again. But a prior conviction can only be used for sentencing purposes within a certain timeframe. For example, if a prior DUI conviction was more than ten years ago, then this record could not be used as an aggravating factor when it came time to give a sentence.

But whatever the exact charge you face, a conviction would certainly mean being saddled with a criminal record, something that can interfere with every job and housing application, and your insurance premiums would skyrocket. If you have been charged with a marijuana DUI, then you need to find a lawyer who has experience in defending DUI charges. Find the legal expert you need today on our directory!