Published by Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.
Can I Get a DUI for Driving While High on Marijuana?
Yes, you can. Driving while under the influence of any substance, including marijuana, is illegal and has serious legal ramifications. The consequences of driving high on weed are similar to the penalties for driving under the influence of alcohol.
What are the Penalties for a Marijuana DUI?
In most states, the penalties for operating a motor vehicle while under the influence of marijuana are the same as what would happen if you were guilty of drunk driving.
Penalties for a first-time DUI conviction involving marijuana or another substance typically include 96 hours in jail up to 6 months and a $390-$1,000 fine. You may have your driver’s license suspended and could be required to participate in a drug education class.
Related Article: Driver’s License Suspended?
How Does a Breathalyzer Work?
The alcohol vapor in a person's breath reacts with an orange solution called potassium dichromate. When alcohol is present, this solution turns green. This color change creates an electrical current, which the breathalyzer converts to determine the person's blood alcohol concentration or BAC.
What Can Confuse a Breathalyzer?
Reasons breathalyzer tests may give a false-positive reading include:
- You took the test too quickly after drinking.
- Officers did not calibrate the test correctly.
- You ate certain foods.
- You have certain medical conditions.
Read Also: How Does a Breathalyzer Work?
What is the Highest Score on a Breathalyzer?
After a car crash that resulted in serious injuries, a Polish man's BAC was taken and it was 1.480% or more than 18% of the legal limit in the United States. That's the highest BAC ever recorded in history. Doctors said he survived the accident due to drinking, but he later died due to his injuries from the car crash.
Also Read: Marijuana DUI Test
How Long Should You Wait to Drive After Getting High?
You should wait at least 8 hours after ingesting marijuana before driving, biking, or performing other safety-sensitive activities. If you've consumed alcohol as well, it's crucial to wait even longer.
Related Articles:
- Implied Consent Explained
- 2023 Colorado Psychedelic Mushroom Law
- Am I Allowed to Drive After Taking CBD?
If you feel affected by any of these matters, contact our criminal defense attorney today.
Can You Smoke Weed with a Breathalyzer in Your Car?
Although a car breathalyzer interlock device cannot detect marijuana on your breath, it can detect the presence of smoke. Blowing smoke into the breathalyzer can lead to a lockout, fines, and other legal consequences.
Contact us today to speak to an experienced personal injury attorney to learn more about your legal rights.
FAQs
1. How Do Law Enforcement Officers Test for Marijuana Impairment if Breathalyzers Can’t Detect It?
Officers use field sobriety tests, blood tests, or saliva tests to assess marijuana impairment, as breathalyzers only detect alcohol.
2. Are There Any Devices Currently Available That Can Detect Marijuana Through a Breath Test?
Yes, some devices are in development or early use that claim to detect marijuana in breath, but their reliability is still under scrutiny.
3. What Are the Limitations of Using Breathalyzers for Detecting Substances Other Than Alcohol?
Breathalyzers are designed to detect alcohol, not other substances, making them ineffective for identifying drugs like marijuana or prescription medications.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.