The legalization of marijuana for both medical and recreational use has prompted the question: Is driving high a DUI in Missouri? Learn more here.
Driving Under the Influence of Marijuana in Missouri
In recent years, the legalization of marijuana for both medical and recreational use has prompted questions about the legality of driving under the influence of cannabis.
Missouri, like many other states, has stringent laws in place to address impaired driving, including driving under the influence of marijuana. Driving high can result in a DUI charge (DWI in Missouri), just as driving under the influence of alcohol can lead to a drunk driving charge.
It’s important to understand that even if you have a medical marijuana card or are in a state where recreational marijuana is legal, you can still face legal consequences for impaired driving.
The 21st State to Legalize Adult Use of Marijuana
In November 2018, Missourians voted in favor of Amendment 2, which allows individuals with qualifying medical conditions to access medical marijuana. The amendment went into effect on December 6, 2018, making Missouri the 21st state to legalize medical marijuana.
More recently, adult use of marijuana became legal. On November 8th, 2022, 53% of Missouri voters supported the law, and as of December 8th, 2022, consumers can now possess up to three ounces of marijuana and buy marijuana at local dispensaries.
How Do DWI Laws Apply to Marijuana?
Operating a vehicle while under the influence of marijuana raises questions about the potential legal consequences, particularly concerning driving while intoxicated (DWI) charges.
In Missouri, the issue of whether a person can be charged with a Missouri DWI offense for driving while intoxicated by marijuana is multifaceted. We emphasize that driving under the influence of any impairing substance, including marijuana, can result in a DWI charge if it is proven that the individual’s ability to operate a vehicle safely is significantly impaired.
While alcohol intoxication can be measured by blood alcohol concentration (BAC), determining impairment due to marijuana requires different methods, such as field sobriety tests and drug recognition evaluations.
According to Article XIV of the Missouri Constitution, driving or operating any motor vehicle while under the influence of marijuana is not permitted.
Impairment and THC Levels
The key issue in a marijuana DUI case is impairment. Law enforcement officers may use field sobriety tests and drug recognition experts to assess impairment during a traffic stop.
Additionally, chemical tests may measure the presence of THC metabolites in your system. It’s important to note that a high THC level or the presence of marijuana metabolites can lead to a DUI conviction, potentially resulting in jail time, license suspension, and other penalties.
Timing Challenges in Marijuana Impairment Testing
The accuracy of marijuana impairment testing faces significant challenges due to timing issues that don’t exist with alcohol testing. THC levels spike immediately after marijuana use, then decline rapidly within the first hour, creating a narrow window for accurate measurement.
Police officers rarely obtain blood samples within this critical timeframe. Field sobriety tests, arrest procedures, and transportation to medical facilities typically consume over an hour before blood collection occurs. By this point, THC concentrations may have dropped to baseline levels or only slightly above, regardless of actual impairment at the time of driving.
This timing problem creates complications for both prosecution and defense. Studies show that Delta-9 THC levels fall dramatically within minutes of consumption, making blood test results potentially misleading indicators of impairment during the actual driving incident.
Regular marijuana users face additional challenges because they may test positive for THC metabolites even when completely sober. These timing inconsistencies highlight why marijuana DUI cases require more nuanced legal analysis than traditional alcohol-related charges.
Potential Penalties for Driving Under the Influence of Marijuana in Missouri
Driving under the influence of marijuana in Missouri carries serious penalties similar to those for driving under the influence of alcohol.
A first offense for marijuana-impaired driving is classified as a misdemeanor, which can lead to up to six months in jail, fines up to $500, and a possible license suspension for 30 days. For repeat offenders, the consequences escalate with higher fines, extended jail time, and prolonged license suspensions.
A second offense of drugged driving could mean up to a year in jail, fines reaching $1,000, and a year-long license suspension. Furthermore, accumulating multiple offenses within a five-year period could result in a felony charge, carrying substantial prison time and permanent record implications that affect employment and housing.
Beyond criminal penalties, a conviction for driving under the influence of marijuana can also lead to increased insurance premiums and enrollment in substance abuse programs or community service. Missouri’s strict stance on drug-impaired driving emphasizes the importance of understanding these risks before getting behind the wheel.
How a Drug Defense Attorney Can Help
Facing a charge of driving under the influence of marijuana can feel overwhelming, but an experienced drug defense attorney can provide critical support.
A knowledgeable attorney will examine every aspect of the case, from the traffic stop’s legality to the evidence collected, to identify potential flaws in the prosecution’s case. For instance, marijuana impairment is harder to measure accurately than alcohol, and evidence like blood or urine tests may not always prove impairment at the time of driving. An attorney can challenge the reliability of these tests, arguing that a positive result does not necessarily indicate impairment.
Additionally, a drug defense attorney can negotiate with prosecutors to reduce charges or seek alternative sentencing, such as diversion programs or reduced penalties, especially for first-time offenders. By working with an attorney skilled in Missouri’s DUI and drug laws, defendants can protect their rights and work toward the best possible outcome for their case.
Consult With a DUI Lawyer
If you’re facing a marijuana DUI charge in Missouri, consider consulting with an experienced DUI lawyer.
At the Law Offices of Brian J. Cooke, we can provide you with a case evaluation to understand the specifics of your situation. We have a thorough understanding of marijuana DUI laws and can develop a strong defense strategy tailored to your case.
