The Penalties of Driving Under the Influence of Weed

Driving under the influence of marijuana may attract the same penalties as those for DUI.

If convicted of driving under the influence of marijuana, individuals may face fines, community service, driver's license suspension, and even jail time. The exact consequences of driving under the influence of marijuana vary only slightly from state to state. Although this offense is typically considered a misdemeanor, it often comes with steep penalties.

DUI-Equivalent Treatment

While there are no hard-and-fast laws governing individuals driving under the influence of marijuana, the 'per se standard' has been implemented in nearly one-third of all states. Basically, this means that if any amount of marijuana is found in a person's bodily fluids at the time he or she has been stopped by law enforcement, it constitutes per se evidence that the individual has broken the law through drugged driving. Those convicted of drugged driving are usually given the same treatment as those convicted of a DUI.

License Suspension

People convicted of drugged driving may have their driver's licenses suspended. For the first offense, the typical suspension time is between 30 and 90 days; however, some states have stricter laws for first-time offenders. A first offense of drugged or drunk driving in Indiana, for instance, may result in a person's driver's license being suspended for 180 days.

For second-time offenders, the average license suspension period is one year. Third-time offenders may lose their driver's licenses for a period of between two and five years. In New Jersey, third-time offenders could lose their driver's licenses for 10 years. In Connecticut, third-time offenders could lose their driver's licenses permanently.

Mandatory Drug and Alcohol Treatment or Classes

In most states, those convicted of drugged driving will be required to undergo some sort of drug and alcohol treatment or education. For some states, this will only be mandated for second or third offenses; others require it for first-time offenders. This may include regular tests to determine whether the individual is using drugs.

Vehicle Confiscation

In some cases, individuals will have their vehicles confiscated. Typically, this is only after repeat offenses. Some states, like Alabama, Colorado, and Idaho, however, do not confiscate vehicles for a DUI or drugged driving conviction.

Fines and Community Service

In addition to, or in lieu of the other possible consequences, many states will require convicted individuals to pay fines and take part in community service. This might include picking up trash in the city and assisting with city-funded projects.

Jail Time

While it's possible to be sentenced to jail for a first offense, it's not likely; however, second and third offenses will most likely result in the convicted individual spending between two and 10 years in jail. Many states have adopted a law that allows courts to pursue third-time offenders with felony charges. This can result in a much longer jail sentence.

References

• Per Se Standard
• Criminal Defense Lawyer

Resources

• Find Law: DUI Penalties by State