Can you get a DUI for marijuana in Maryland?

Driving under the influence of alcohol is unsafe and illegal. You have probably heard of or seen accidents occur due to intoxicated driving. It is easy for someone to get a DUI if they have been drinking for hours or have consumed hard alcohol. 

Much awareness has been brought to the ongoing issue of intoxicated driving. 

You learn from driving school, friends, and family that it is illegal to drink and drive, but is it possible to get a marijuana DUI? 

With the legalization of marijuana in many states across the country, many feel that it is acceptable to drive after smoking. Driving after using marijuana is not publicized as often as drinking and driving. Therefore, people may assume that it is ok to use marijuana and drive, but it is not!

Most people consider “being under the influence” a relation to alcohol use. Little do people know that marijuana use can also qualify one to be “under the influence.” With states legalizing the use of marijuana, people may think that it is acceptable to use the drug and drive, but it is very unsafe.

In Maryland, driving under the influence of marijuana is illegal. Although people may use marijuana under limited circumstances in Maryland, it is still considered a crime to operate a vehicle after using the drug. If you are arrested for driving under the influence contact our experienced Maryland criminal defense attorneys.

What does it mean to be under the influence of marijuana?

If you are under the influence of marijuana, your normal mental and physical capabilities will be impaired. Therefore, driving puts yourself and others on the road at risk as you are not capable of safely operating a vehicle.

If you are pulled over by a police officer for suspicious or dangerous driving, you may be asked to perform various tasks to prove sobriety. These actions you will be asked to perform are called field sobriety tests.

Field sobriety tests include a one-leg stand, a walk and turn test, and horizontal gaze nystagmus. If a driver fails these tests due to being under the influence of marijuana, he or she will be taken into custody. 

Once the driver is brought to the police station, he or she will be asked to participate in a few more tests to check the amount of marijuana consumption. The driver will most likely be asked to give a urine sample or a blood test. 

Oftentimes, these tests are flawed because marijuana can be detected in blood or urine samples after several weeks of usage. With this being said, it may be hard to determine that a driver had just consumed marijuana before entering a vehicle. 

If these tests are flawed due to prior marijuana usage, evidence will need to be collected to prove that the driver was under the influence of marijuana while operating a vehicle. 

Can you be fined for driving under the influence of marijuana in Maryland?

Just as there are penalties and fines for those who drive under the influence of alcohol in the state of Maryland, one who drives under the influence of marijuana may experience similar consequences.

If you are a first-time offender, you may be sentenced to a short amount of time behind bars. It is common for those who spend time in jail for marijuana use are also placed on probation. 

You will also have to pay a large fine and your license will most likely be suspended for a few years.

A first-time offender may also experience anywhere between $500 to $1,000 in fines.

Those who have received a DUI for driving under the influence of marijuana may also be required to have an ignition interlock device installed in their vehicle. Ignition interlock devices are used to test a driver’s sobriety before starting the vehicle. If the breathalyzer determines that it is unsafe for the driver to operate the vehicle, the car will not start.

These devices have saved many lives. If you use marijuana or drink often, you should install an ignition interlock device in your vehicle for your safety and others on the road. 

If you are a third-time offender, you will face a longer sentence and heftier fines. Typically, a third-time offender will spend 120 days in jail and will most likely be required to attend a Driving Under the Influence Program. 

If a driver refuses to give a blood or urine test, he or she could experience up to 45 days of driver’s license suspension. A driver has the right to receive counsel before he or she undergoes testing. 

If the driver has not yet been placed under arrest, he or she can refuse to take any drug test. If this happens to you contact an experienced Baltimore criminal defense attorney. 

Can you smoke marijuana in your car in Maryland?

In the state of Maryland, it is illegal to purchase or sell marijuana. Using marijuana if you do not have a medical card is illegal. Marijuana can be used on private property and only small amounts can be possessed. You will not be penalized if you have less than 10 grams of marijuana. 

The only use of marijuana that is legal in Maryland is medical marijuana. Those who are looking to receive a medical marijuana card must register through the Maryland Medical Cannabis Commission, receive certification from a doctor, and pick up their prescription from a licensed dispensary. 

What is the definition of being under the influence of marijuana?

You are deemed under the influence of marijuana if…

1. Your mental and physical abilities are impaired.
2. You are unable to operate a vehicle.
3. You have consumed cannabis.

A defendant can be determined to have been under the influence of marijuana either at tier or fact. A tier or fact can either be a jury or a judge.

What other evidence can convict someone of driving under the influence of marijuana? 

There are many ways in which one can be convicted of driving under the influence of marijuana. Here are a few ways…

The driver’s statements to the police.

The driver’s performance on the field tests.

The presence of marijuana in the vehicle or on the driver.

Physical appearance and symptoms of usage (dilated pupils, fast heart rate, red eyes, dry mouth, slowed reaction time, and fast breathing). 

Get Help Today!

If you or a loved one was involved in a DUI allegation and need professional help, contact the experienced Ocean City criminal defense lawyers today! Someone who is convicted of driving under the influence may face harsh and devastating consequences. It is important to get the proper assistance.