Determining if an Individual is Intoxicated

Despite the laws regarding marijuana becoming more casual in recent years, those who have been charged with a marijuana-related DUI can still suffer serious consequences. Driving under the influence of marijuana (or a combination of marijuana, alcohol, or any other drugs) is considered illegal and a criminal offense in all the 50 state of America. On its website, Mark Lassiter, Attorney at Law, a law firm in Dallas, Texas, states that there may be differences when it comes to how each state defines being “under the influence,” and the applicable punishments can also be distinct.

Being under the influence can be applied to a number of circumstances: (1) anyone who has been detected with ANY amount of marijuana in their system can be considered “under the influence” and charged with DUI in some states, (2) in some states, those who have above a specified blood or urine concentration levels could establish being under the influence, and (3) a person’s erratic or reckless actions or behavior (despite the amount of marijuana in the person’s system) could can be a basis for being “under the influence” is select states. Likewise, states also have varying definitions of “driving” where others define the vehicle moving and other states can include the vehicle being stationary.

The usual penalties for marijuana-relate DUI include monetary fines, imprisonment, or both, and may also involve suspension of driver’s license. On other states, there may penalties can also involve the use of an ignition interlock device that would prevent the person from starting the vehicle without a conducting a breathalyzer test first. Specific penalties can depend on each state, and may be a combination of penalties such as community service, license suspension, participation in drug and alcohol abuse programs or victim impact programs, probation, house arrest, fine, and jail time.