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Can You Get a DUI For Driving While High?

last updated June 10, 2019

Can You Get a DUI For Driving While High?

Yes, you can get a DUI for driving while high in some states as there are laws that prohibit drivers from getting behind the wheel while feeling irie. The levels of THC allowed for one to be driving vary from state to state with some being lenient on the use of marijuana. Cannabis, unlike alcohol, can remain in your body for up to three months if you’re a frequent user. This is why driving while high isn’t a good idea as you can be easily convicted for a DUI.

Can You Get a DUI For Driving While High?

What’s common among the laws surrounding dui for driving while high is that the prosecution side has to prove that your marijuana consumption was above the legal limit. Also, that this affected your driving ability. In other states like Colorado where marijuana is legal, the law requires that individuals be charged according to the level of cannabis in their bloodstream compared to the set legal limits. It’s therefore important to understand the rules and regulations that apply in different cities to be on the safe side of the law.

The legalization of weed in a number of states has led to the development of sophisticated devices that detect the traces of marijuana in less than 5 minutes. In the past, alcohol was the main target during the roadblock operations but now law enforcement agencies are casting wider nets to catch those under the influence of marijuana and other drugs that cause impairment.

Is it illegal to drive high?

It’s well known that driving while drunk is illegal. What is not clear, however, is the laws regarding driving under the influence of marijuana. The confusion can be attributed to the fact that a few countries that have legalized the use of cannabis for leisure. What you should know is that it is illegal to drive when high regardless of the reason as to why you used marijuana.

If convicted for dui for driving while high, you might be forced to serve jail time of up to one year or pay a huge fine if you are a first offender. Your license may also be suspended depending on how high you were when you were arrested.

 How do they test for driving high?

With many governments introducing roadside testing, it’s becoming important to understand how the test works just in case you get yourself in such a situation. The aim of this policy is to reduce the number of accidents caused by DUI. It also shortens the process of holding drunk drivers responsible as you can prove their intoxication levels in a few minutes.

Random roadside saliva tests are usually used to test recent use of marijuana, meth or ecstasy. The tools used to measure the level of THC; the active chemical in marijuana, have the ability to detect any trace of marijuana in your body. Residual traces of the chemical from the previous day can’t be detected by a saliva test. Blood test, however, can find the tiny traces of cannabis in your metabolism.
What does a DUI blood test check for?

If you’ve been pulled over for DUI, there is a possibility that you will undergo a DUI blood test before the charges against you are heard in court. A blood test measures the levels of alcohol and other drugs in a drop of blood. Only a qualified physician can administer the test and the police need to get a warrant to take a blood sample from your body despite the fact that the law requires one to give implied consent in a DUI case.

Before the whole procedure can commence, the police officer is required by the law to explain the procedure to you and provide an avenue for you to ask any questions. Failure of the police officer to conduct this step can be used by your attorney to fight for you by claiming that the correct procedure was not followed in acquiring the evidence against you. The technician then proceeds to draw out the blood from your body.

If the police officer smelled alcohol on your breath when you were pulled over, it is likely that they will on test for alcohol. The truth, however, is that they are also able to test for other substances such as prescription and illegal drugs. If the alcohol test comes out negative, they use a different procedure to test for any other chemical substances.

There are other types of chemical tests that you can request if you don’t want to give have a blood sample taken. The other options available are urine and breathalyzer test. They are very effective for use in the field where there is no qualified technician to conduct the blood test.

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What should you do if you get pulled over for a DUI?

We have created a step-by-step guide of what you should do if you get pulled over for a DUI.

·Pull Over

After a police officer stops you down on the road, he starts making an observations about your behavior to include in his report. This is why you should find a safe place to park when stopped. If you park in a reckless way or brake suddenly, the police officer will include this in the report and it might have a negative impact on your case.

Avoid These Terrible Driving Habits 

·Be polite

You are more likely to be arrested if you are disrespectful to the police officer. It is recommended that you keep your hands on the steering wheel and avoid any movements. Answer all the questions asked very politely and produce any documentation that the police officer will ask for. You should, however, avoid answering any incriminating questions without your lawyer.

·Contact your attorney

When pulled over for DUI, you have a right to contact your attorney. You should note every single detail of what happened when you were pulled over so that your attorney can be able to fight for you.

·Sobriety test

It is possible that the police officer will ask you to blow into a hand-held breathalyzer to determine your intoxication levels. You have the right to reject the hand-held breathalyzer as most of the devices used are unreliable and they might show wrong readings. Refusing to have a field test is not a crime but the police officer will take away your driving license. Don’t worry when this happens because you will get it back when you have a chemical test done at the police station.

Getting Help

If you are ever pulled over for driving under the influence of alcohol, marijuana or any other illegal or prescribed drugs contact your attorney as soon as possible. Your lawyer will help you to interpret the law of the state regarding DUI. Providing them with the exact facts about the arrest will make it easier for them to build your case. You should also be truthful about all events that had occurred before the arrested and any substance that can be found in your body. Don’t have a lawyer? Worry not as a quick Google search can show you a number of lawyers in your neighborhood that are willing to take a DUI case.

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