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You can get a DUI for marijuana even if you’re not high

On Behalf of | Oct 13, 2020 | OUI

There is a legal limit for alcohol use when driving, but the same isn’t true for other drugs, such as marijuana. The police don’t care how much you used or how much is in your system. If they detect it at all, you can face charges. It may have been hours or even days since you were high. But you can still get a DUI. 

The detection time of marijuana in your system is the issue

Consider the role of detection times. Generally, fluid tests like blood or urine test can show marijuana in a person’s system for up to a month. With a hair test, marijuana may show up on that test months after use. Some have reported detection 90 days later. 

A lot of factors play into this. How much did you use? Are you a frequent user, or was it a one-time thing? Are you a daily user? What is your tolerance like? What type of product did you use? There are big differences between consuming edibles and smoking, for instance. 

With alcohol, your BAC usually drops in a matter of hours. Detecting a small amount of alcohol doesn’t always mean it’s a DUI. Marijuana detection, though, may not relate to how “high” you feel. Say you take an edible. It takes one to two hours to kick in. Then you’re high for the next three hours. You go to bed and do not feel high at all in the morning. Even so, that marijuana shows up in your system after a minor car accident. The police claim that you were under the influence when you caused the crash. What now?

Your options after you’re accused of drugged driving

A situation like this can be frustrating and distressing. It is incredibly important for you to know all of the legal options you have for your defense. The smart thing to do is to say nothing to the police until you’ve spoken with an experienced criminal defense attorney.