Driving Under the Influence of Marijuana or Other Drugs (DUID)
It is illegal to drive under the influence of marijuana and other types of drugs like cocaine, heroin, and in some cases,even prescription medication…
Any trace levels of marijuana found during testing can lead to an arrest for DUID.
The Consequences of Driving Under the Influence of Marijuana
The penalties usually involve fines, license suspension, and possible jail time. As seen, these are treated in the same way as DWI. Upon reinstatement of the offender’s driver’s license, the court may also order the implementation of an ignition interlock device.
Ripple Effects of DUID
You can be charged with the possession of marijuana in addition to DUID.
Notable Questions and Answers for Drivers about DUID
- Unlike driving under the influence of alcohol for example, how do lawmakers test drug levels in the state of Virginia, which presumably would be used as evidence during trial?
Answer: A blood test is usually administered, whereby any trace levels of the substance will serve as proof that the driver was indeed under the influence at the time of operating a vehicle.
- Since medical marijuana is legalized in the state of Virginia, can you legally drive after using the substance? What if I was smoking legally in the District of Columbia.
Answer:It’s still illegal under Virginia law. Nevertheless, this can be tricky to answer and convict, since traces of marijuana can remain in the system weeks after use. Ask your lawyer about defense options if you’ve been arrested for DUID as a result of medical marijuana use in Fairfax County or anytime that you are suspected of Driving Under the Influence of Drugs.
Top Defenses and Options
If you’ve been arrested for driving under the influence of marijuana or some other drug, and are also facing possession of drug charges, some of the top defenses may include:
- A positive drug test does not mean that the driver was necessarily under the influence. As depicted earlier, THC levels or measurements for marijuana can remain in the blood for weeks.
- If you were suspected of DUID due to your mannerisms, this could be blamed on sheer exhaustion or some other physical condition at play.
- Inaccurate chemical tests can also be used as a defense, in that the equipment malfunctioned, or was contaminated.
A lawyer can review the case to determine the best strategies. For first time offenders, drug diversion programs may be available for the possession of marijuana as an alternative to jail and other fines. However, these alternatives are not available for DUID cases.
