Blog
Marijuana DUI & Vehicular Manslaughter Charges
Contents
Driving under the influence of marijuana is illegal and can have severe consequences if caught. However, with the legalization of recreational cannabis in many states, there is still a lot of uncertainty around marijuana DUIs and how they are treated compared to alcohol DUIs. Vehicular manslaughter charges related to marijuana use further complicate the issue. This article provides an overview of marijuana DUI and vehicular manslaughter laws, defenses, and potential penalties to help inform and protect drivers.
Marijuana DUI Laws
Most states have some form of marijuana DUI law that prohibits driving with specific amounts of THC, the main psychoactive compound in cannabis, in the blood or urine. For example, in Colorado and Washington, two early adopters of recreational marijuana, the legal limit is 5 nanograms per milliliter of blood. Most other states range from 1 to 5 ng/mL as their legal limit.
Unlike alcohol, THC can remain detectable in blood and urine for days or even weeks after use, making it more complex to determine actual impairment. There is still a lack of consensus on what THC level constitutes impairment, with some experts arguing that per se THC limits are flawed and arbitrary.
Nonetheless, being over the legal THC limit in your state can result in DUI charges. Police officers can also charge marijuana DUI based on observations from field sobriety tests, even without a blood test.
Vehicular Manslaughter
If someone dies as a result of an impaired driver, vehicular manslaughter charges may apply in addition to DUI charges. Like DUI laws, most states have some form of vehicular manslaughter statute that can encompass impairment from drugs like marijuana.
In states that have legalized recreational or medical marijuana, there has been controversy around how to handle vehicular manslaughter cases involving marijuana. While some argue that these drivers deserve harsh punishment, others point out the flaws in using THC levels alone to determine culpability without other evidence of negligence or recklessness. There are also concerns that marijuana-related vehicular manslaughter charges may disproportionately impact people of color.
Common Defenses
Those facing marijuana DUI or vehicular manslaughter charges do have some legal defenses available. Common defenses include:
- Lack of actual impairment – Attorneys may dispute DUI charges by arguing there is no evidence their client was actually impaired, despite THC levels. This relies on highlighting flaws in using per se THC limits.
- No negligence – For vehicular manslaughter, attorneys may argue their client did not act negligently or recklessly, regardless of marijuana use.
- Improper testing – Attorneys look closely at blood testing procedures to ensure proper protocols were followed. Chain of custody or lab errors could invalidate results.
- Medical marijuana – In states that allow medical cannabis, defendants may invoke protections for medicinal use unless clear evidence of negligence.
Penalties
Like alcohol DUIs, marijuana DUIs incur both criminal and administrative penalties. These vary by state but may include:
- Fines – Can range from $200 to $10,000+
- License suspension – Administrative license suspensions range from 3-12 months generally.
- Jail time – Most states have mandatory minimum 1-5 day jail sentences for first offenses.
- Probation – Terms typically 1-5 years with drug/alcohol conditions. Violations lead to jail time.
- Ignition interlock – Devices prevent driving with any alcohol level detected.
- Diversion programs – Programs focused on counseling/education may substitute jail time.
Vehicular manslaughter penalties are much harsher. They are usually prosecuted as felonies, carrying years of prison time. Fines, restitution, and license revocation also apply.
With so much at stake, working with an experienced DUI defense attorney from the start is critical when facing marijuana DUI or manslaughter charges. An attorney can evaluate defenses, navigate complex laws and testing procedures, assemble experts, and advocate for fair penalties. Reaching a positive resolution is possible with informed legal guidance.