Many people believe that you can only get a DWI/DUI for drunk driving. However, an individual who is under the influence of drugs when they are operating a vehicle can also be charged with a crime. Critically, marijuana is also an impairing substance that can lead to a DWI conviction. Unlike with drunk driving, where a .08% BAC limit is imposed by state law, driving with any amount of a controlled substance in your system is illegal in North Carolina and can lead to being charged with a marijuana DWI.

How is Marijuana Impairment Determined?

While there are a number of ways to detect alcohol in a driver’s system, there is no official marijuana DWI test. Significantly, there is no breath test or field sobriety test that police officers can use to measure impairment. There are several indicators that police will look to when it comes to issuing a marijuana DWI.

Common signs police officers will look for prior to making a marijuana DWI arrest include the following:

• Reckless driving
• The smell of marijuana
• Red or dilated eyes
• Decreased reaction time
• Slurred or irregular speech
• The tone of the interaction with police officers

If you are arrested for a marijuana DWI, the police may request that you take a chemical blood or urine test which will measure the THC levels that are present in your body. However, there is no per se limit to determine impairment. Any amount of marijuana is considered impairing.

It’s important to understand that a positive blood or urine test will only show recent use of marijuana. These tests do not establish your level of impairment when the arrest was made. In fact, THC can appear in a person’s urine or blood days after the marijuana was smoked or ingested.

How Does the Prosecution Prove a Marijuana DWI Case?

Under North Carolina law, a person may be convicted of a marijuana DWI under the theory of “appreciable impairment.” The prosecution does not need to prove “gross impairment.” Rather, they must demonstrate that the defendant's mental and physical faculties were impaired by having any amount of drug or alcohol in their system. Simply put, the prosecution must prove that the level of impairment was noticeable and measurable — this is a determination that is largely driven by the facts of the case.

Each element of driving while impaired must be proven beyond a reasonable doubt by the prosecution in order for a jury to return a guilty verdict. Pursuant to the North Carolina DWI statute, the prosecution must establish that (1) the defendant was driving a vehicle on any roadway in the state; (2) while under the influence of an impairing substance; and (3) any amount of a Schedule 1 controlled substance was found in their blood or urine.

It’s essential to note that while there is a limited medical marijuana law in North Carolina, legal use is not a defense in a DWI case.

What are the Penalties for a Marijuana DWI?

The penalties for a marijuana DWI in North Carolina are the same as those for an alcohol-related DWI. While a first DWI offense is typically charged as a misdemeanor, sentencing is based on levels which are determined by several factors. The punishment imposed for a conviction will depend upon whether you had any prior DWIs and any aggravating factors in the case. Cases where there was a child in the vehicle, or the DWI caused harm to another, will be punished much more severely.

A first-time DWI will at a minimum come with 24 hours of jail or community service, an alcohol assessment and treatment, and fine and court costs. Level one is the most severe punishment for a marijuana DWI and can include a minimum 30-day jail sentence (and a maximum of up to 2 years), a $4,000 fine, probation, and completion of a substance abuse assessment. There can also be administrative penalties imposed by the Department of Motor Vehicles, such as license suspension or revocation.

In the event you have previous DWI convictions on your record, you can be charged with a felony DWI. North Carolina considers defendants with three prior DWI convictions within a ten-year period to be habitual offenders. A fourth DWI can result in a minimum one-year jail term and required participation in a substance abuse program as a condition of parole.

Fighting Marijuana DWI Charges

A DWI charge doesn’t always mean a conviction. Although North Carolina has some of the strictest DWI laws in the country, the prosecution has a very high burden that must be satisfied to establish a link between marijuana use and impairment while driving. If you were arrested for a marijuana DWI, a skilled criminal defense attorney will know how to fight the charges against you.

In developing a defense strategy, a DWI attorney will evaluate the details of your case and the circumstances that led to your arrest. Legal technicalities such as Constitutional violations or mistakes made by law enforcement during the arrest are common ways an attorney may be able to help you beat the charges against you in a marijuana DWI offense. Other common methods of fighting a DWI charge can include instilling reasonable doubt by discrediting eyewitnesses and expert witnesses or challenging the results of a chemical test.

Contact an Experienced North Carolina DWI/DUI Attorney

If you have been arrested for a marijuana DWI, it’s vital to have the representation of a knowledgeable criminal defense attorney who can fight for the best possible outcome in your case. The Johnston County criminal defense lawyers at Reece & Reece, Attorneys at Law provide reliable counsel to clients for a wide array of DWI offenses and other traffic infractions. Call (919) 300-1249 to schedule a consultation and learn how we can assist you.