Understanding Marijuana DUIs

Driving under the influence of alcohol has obvious penalties and clear limits on how much alcohol you are allowed to have in your system before you get behind the wheel. However, driving while under the influence of drugs like marijuana may not have such clear distinctions in some cities, like San Jose where medical marijuana is legal. Many addicts end up in rehab centers to treat their addiction only after they have received tickets or been in accidents for driving under the influence.

The level of marijuana metabolites that are legally allowed to be in a person’s system vary by state. Police can test how much marijuana metabolites are in a person’s system from urine and blood samples. However, the metabolite compound can remain in the body for days or weeks after marijuana use. This makes it more difficult to establish whether the driver was under the influence when they were driving or if they smoked the day before and are no longer feeling the effects. 

This is very different from an alcohol driving ticket because there are tests that establish exactly what blood alcohol level the driver was at. People often enter rehab centers after getting a DUI because that can be a wake up call that their addiction has gotten out of control.

Cities where medical marijuana is legal, like San Jose, can have a more difficult time establishing whether someone is under the influence while driving. It is still illegal in all 50 states for anyone to operate a vehicle while under the influence of marijuana. 

Individuals caught driving under the influence often go to rehab centers instead of serving jail time. Often drivers found to be under the influence of marijuana will have to pay fines. In California cities, like San Jose, the law states that the officer will have to prove that the driver lacked the “ability to drive the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.” 

When a person is arrested for driving under the influence of marijuana in cities like San Jose, they can possibly be sentenced to jail time. Most people must pay some fines, complete community service hours, be on probation and possibly have to complete random drug tests. Addicts often enter rehab centers after a conviction and a DUI is a common cause for a person to seek treatment for their addiction.

Lura Briggs is a health writer for Fusion 360, an SEO and content marketing agency. Information provided by Miramar Drug and Alcohol Rehab Centers. Follow on Twitter.