Can You Get A DUI For Marijuana?

Although marijuana remains illegal at the federal level, many states, including Connecticut, have legalized it for medicinal and recreational use. Nonetheless, operating a motor vehicle while under the influence of marijuana is still illegal.

Under Connecticut law, a person can be charged with Driving Under the Influence (DUI) for operating a motor vehicle while under the influence of an “intoxicating liquor or any drug or both.” While criminal charges for driving while under the influence of alcohol remain more common, DUI arrests for driving under the influence of marijuana are on the increase and are expected to continue to rise since Connecticut legalized marijuana in 2021.

If you were charged with a DUI for marijuana in Fairfield or New Haven counties, you need an experienced and aggressive DUI defense lawyer who understands the complex nuances of a marijuana DUI charge and can mount an effective defense to combat the evidence and ensure optimal results in your case. Stephen Lebedevitch is an experienced and highly sought-after DUI defense lawyer who can provide expert advice and legal representation to help you navigate a DUI charge and achieve optimal results. Contact our law firm today to schedule an appointment to discuss your situation and how we can help.

Understanding Connecticut’s DUI Law

Most people are familiar with criminal charges for driving under the influence of alcohol. A driver who is over age 21 can be charged with DUI if their Blood Alcohol Content (BAC) is greater than .08%, or if they are “under the influence” of alcohol to the extent that their ability to operate a motor vehicle is impaired.

A DUI for marijuana is similar, except that instead of being under the influence of alcohol, the driver is under the influence of marijuana. However, proving a driver is under the influence of marijuana is different than proving intoxication by alcohol. Scientists and law enforcement agents have not yet developed a roadside test for marijuana intoxication as they have for alcohol. As a result, when police suspect a driver is under the influence of marijuana, they must look for signs of intoxication and will often call in a Drug Recognition Evaluator (DRE) to assess whether a driver is under the influence of drugs.

Signs of Marijuana Intoxication

To prove a suspect is under the influence of marijuana, police will look for common signs of marijuana intoxication, such as:

• An odor of marijuana
• Glassy or bloodshot eyes
• Slurred speech
• Slow motor skills
• Impaired cognitive function
• Driving too slowly
• Erratic driving or weaving

The Drug Recognition Evaluator

A Drug Recognition Evaluator is a police officer who has received specialized training to recognize signs of drug impairment. The DRE will evaluate the suspect’s appearance and behavior and follow a 12-step process to assess whether they believe a person is under the influence of marijuana or another drug.

The drug influence evaluation was developed by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police to determine whether a person is impaired and identify the category of drug causing the impairment. The opinion of the DRE is presumed to be admissible in court. But an experienced DUI defense lawyer can challenge the validity of the DRE’s opinion of a driver’s intoxication by questioning the scientific reliability of the DRE’s testing methods.

Defending Against a DUI for Marijuana

A DUI for marijuana is a serious criminal charge that carries severe penalties, including a 45-day driver’s license suspension and 1 year of driving with an Ignition Interlock Device for a first offense. However, many police officers charge a suspect with DUI for marijuana based on subjective observations and faulty evidence.

The Lebedevitch Law Firm can carefully evaluate your case and mount a vigorous defense designed to have the case dismissed or lead to a substantial in the severity of the charges or penalties you face. We will work to undermine the officer’s assumptions and challenge the evidence they identified to place you under arrest and the reliability of the DRE’s opinion on intoxication. Depending on the circumstances of your case, you may be eligible to participate in an Impaired Driver Intervention Program (IDIP).

How The Lebedevitch Law Firm Can Help

Connecticut DUI defense lawyer Stephen Lebedevitch has extensive experience defending people accused of DUI and other crimes. He can investigate your case, assist you in evaluating your options, and help you move forward from a DUI for marijuana charge.

Contact The Lebedevitch Law Firm Today

Contact The Lebedevitch Law Firm to schedule an appointment to discuss your case and how we can help.