Can I get a DUI if I am High from Marijuana?
Yes, even though many people think they can safely drive while high on Marijuana. Driving under the influence of weed or any drug is still illegal. It is treated similar to drunk driving and all other forms of DUI under state law.
Why is Stoned driving illegal?
The studies on how Marijuana affects driving no not conclusive. But people are twice as likely to cause an accident when they’re stoned as when they’re sober. This not as severe as the affects of being under the influence of alcohol when driving, but it can be considered evidence that stoned driving is unsafe.
What are the penalties for driving while High?
Penalties of all Marijuana DUIs include suspended license, DUI classes jail time plus thousands of dollars in fines and court fees. Even if it is your first offense.
Most case of driving while high are misdemeanors, but that are some instances where it can also be charged as a felony.
Marijuana DUI 1st Offense (without injury)
3 Days to 6 months in jail, license suspended for at least 4 months, 3 months of mandatory classes, plus heavy fines.
Marijuana DUI 2nd Offense (without injury)
4 days to 1 year of jail time, license suspended for 2 years, 18 to 30 months of mandatory classes, plus heavy fines.
Marijuana DUI 3rd Offense (without injury)
6 months to 1 year of jail time, license suspended for 3 years, 30 months of mandatory classes, plus heavy fines.
Also take note that any other Dui you may have will count against you. So if you have a prior Dui for alcohol and you get a new Dui for marijuana this will count as your 2nd Dui.
The total cost of fines and fees can easily go over $10,000.00, even for a 1st time marijuana Dui.
Situations where driving high could lead to a felony.
4th Offense Marijuana Dui
Injury caused by Marijuana Dui
Death caused by Marijuana Dui
In some cases a driving death while high can be charged as murder.
Patrick J. Silva
Silva & Silva
Attorneys at Law
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