Driving Under the Influence of Marijuana

medical marijuana - Marijuana laws


Penalties for driving under the influence of drugs or alcohol can vary considerably from state to state. In some states, the offense can lead to losing your driver’s license for a specific period of time in addition to fines or other penalties. Unlike alcohol, it is difficult to determine whether a person is under the influence of marijuana. To understand the law, it is important to first understand how someone can be convicted of driving under the influence of marijuana.

Before we find this out though, it’s vital to understand that in Missouri low level marjuana offense are being judged less harshly than before. However, this doesn’t change the current DUI laws in relation to driving under the influence of Marijuana in missouri

St. Louis prosecutors will no longer cultivate charges for most low-level marijuana offenses. Instead, they have redirected their resources toward more serious crimes.

Circuit Attorney Kim Gardner said in an interview Wednesday that her office will review more than 1,200 pending cases in which suspects are accused of possessing less than 100 grams of marijuana. With the exception of the cases that include aggravating circumstances, most will be dismissed.

Gardner believes that the surplus of marijuana cases hinders the ability to prosecute more serious crimes e.g. murder. In St. Louis, the murder rate is amongst the highest in the nation.

While Gardner’ decision is quite alarming considering that the “low-level” amount is typically possessed by dealers and not users, it will still be interesting to see if other nearby district attorneys will join in and have similar plans to end prosecution of low-level marijuana cases.

First Offensesgavel with American flag in the background - SR-22 insurance in Springfield

In Colorado, a state where marijuana is legal for recreational use, a driver is considered impaired, or driving under the influence, if the THC level in his blood is greater than 5ng/ ml. All drivers must submit to testing as requested by a police officer, or the person may lose his license as a result of the refusal.

In states where marijuana is illegal, drivers must also submit to drug testing if a police officer suspects you are driving under the influence. Failure to submit to testing can lead to losing your license, even if the charges are dropped in court, but the penalties can vary significantly depending on the state you live in.

For instance, people living in Springfield Missouri may lose their license for 90 days and be charged with fines for a first offense. Typically, first offenders face one or more of the following penalties:

  • People convicted of DWI may lose their license for 90 days or longer.
  • Fines, which vary by state.
  • Some people may have to complete community service.
  • Mandatory rehabilitation therapy or successful completion of drug court.
  • In states where marijuana is illegal, the person may face time in jail if marijuana is found in the vehicle.
  • Some states, including Colorado, enforce a minimum jail sentence for first time offenders convicted of driving under the influence of marijuana.

Second and Additional Offensesbest dwi attorney - judge with gavel

Penalties are usually harsher for repeat offenders. For instance, in Colorado, people with a second DWI may have their license revoked for one year in addition to jail time, community service and fines. Not all states have clear policies on what happens when a driver is charged with driving under the influence of marijuana.

For instance, it is hard to prove that someone is impaired without a blood test, which can be difficult to administer during a routine traffic stop. If you are facing charges of driving under the influence of marijuana, a local Springfield Missouri attorney can help you understand or fight the charges.