Driving Under The Influence In North Carolina You may find yourself facing a driving while…
In Raleigh, North Carolina, driving while impaired (DWI) does not only apply to cases involving alcohol—it also applies to impairment caused by drugs, including marijuana.
At the Law Offices of J.M. Kotzker, our DWI defense attorneys have decades of experience navigating the complex legal processes and regulations surrounding DWI. We know transparency and information are vital to making the right decisions about your defense.
That’s why we’ve put together a detailed guide to DUI marijuana cases in North Carolina. We’ve got all your answers, from the specifics of North Carolina law to the nuances and ramifications of a DWI charge.
What is a Marijuana DWI?
A marijuana DWI occurs when a driver operates a vehicle while their mental or physical faculties are impaired due to marijuana consumption. This can happen whether the drug was consumed recently or lingering effects impair the driver’s ability to operate a vehicle safely.
Unlike alcohol, where impairment can be measured by blood alcohol content (BAC), detecting marijuana impairment is more complex and can lead to unique challenges in defending these cases.
In North Carolina, as in all other states, the per se limit for BAC is .08. This means any driver operating a vehicle with a BAC higher than this is breaking the law. The state does not, however, have per se limits for marijuana and many other drugs. Instead, they operate under a zero-tolerance policy.
Impact of Marijuana Legalization on DWI in North Carolina
Although medical marijuana has been proposed in North Carolina, marijuana remains illegal for both medical and recreational use as of 2024.
Regardless of future legalization, the state’s DWI laws will likely still apply to marijuana impairment, much like alcohol. If marijuana becomes legal, it will remain illegal to drive while impaired by it, and impaired driving laws will still apply.
North Carolina Laws Regarding Marijuana and Driving
In North Carolina, it is illegal to drive while impaired by any substance, including marijuana, which is classified as a controlled substance.
According to North Carolina General Statutes (N.C.G.S.) § 20-138.1, a person commits DWI if they are under the influence of any impairing substance, whether legal or illegal, including marijuana. It does not matter if marijuana is prescribed for medical reasons—any level of impairment while driving is grounds for a DWI charge.
Key points include:
How is Marijuana Impairment Detected?
Detecting marijuana impairment in a driver is more complicated than identifying alcohol impairment in drunk drivers because there is no breath test equivalent for THC (the psychoactive compound in marijuana). Instead, law enforcement uses a combination of observations and tests, including measuring blood concentration of THC.
If a police officer suspects marijuana impairment, they may request a blood test or urine test to check for THC or its metabolites in a person’s system.
Standardized Field Sobriety Tests
Standardized field sobriety tests, such as walking in a straight line or following a pen with your eyes, are the most common methods administered on the roadside to determine if a driver’s abilities are impaired. These results are subjective, though, and marijuana can affect people differently, making this less reliable than a BAC test for alcohol.
Blood or Urine Tests
If a police officer suspects marijuana impairment, they may request a blood or urine test. This chemical testing is meant to check for THC or its metabolites. It’s important to note that THC can stay in the bloodstream for days or weeks after consumption, so to test positive does not necessarily prove impairment at the time of driving.
Penalties for Marijuana DWI in Raleigh, NC
Penalties for a marijuana DWI offense in Raleigh are the same as those for any other DWI. These can be severe, and they escalate with prior DWI convictions or aggravating factors (such as a minor in the car or a particularly reckless driving pattern). Punishments are determined by several factors and can include:
First-Time Offender Penalties
Penalties for Repeat Offenders with Prior DWI Convictions
- Longer License Suspension: License suspension periods increase for second or third offenses.
- Higher Fines: Fines can increase significantly, especially for multiple offenses.
- More Jail Time: Repeat offenders face longer jail sentences, potentially reaching several years for multiple convictions.
Defending Against Marijuana DWI Charges
Defending a marijuana DWI charge requires a nuanced approach due to the lack of standardized testing to determine impairment like BAC for alcohol. Some potential defenses include:
Challenging Field Sobriety Test Results:
Field sobriety tests can be affected by factors such as anxiety, fatigue, or poor health. An experienced attorney may argue that these tests were not administered properly or their results were unreliable, creating reasonable doubt.
Questioning the Accuracy of Blood or Urine Tests:
THC can remain in your system long after the effects of marijuana have worn off. A defense attorney may argue that the test results do not accurately prove impairment at the time of driving.
Lack of Probable Cause:
Police officers must have probable cause to pull you over and prove impairment. If your attorney can show that the officer did not have reasonable suspicion to stop you or that your rights were violated, your charges may be dismissed.
What to Do if You're Charged with Marijuana DWI in Raleigh
If you are charged with a marijuana DWI case in Raleigh, you should take the following steps:
Marijuana DWI Charge FAQs
What is the legal limit of THC levels in North Carolina?
North Carolina does not have a specific legal limit for THC in the bloodstream when it comes to operating a motor vehicle. Unlike alcohol, which has a clearly defined legal limit (a blood alcohol concentration of 0.08%), THC limits are not established. This means that any detectable amount of THC in a driver’s system, if combined with evidence of impairment, could result in an arrest and a DWI charge.
How do police prove impairment in a marijuana DWI?
In marijuana DWI cases, the way that police prove impairment can vary, as there is no standard breath test for THC like there is for alcohol. Officers first observe a driver’s behavior for signs of drug impairment or influence, such as erratic driving, delayed reactions, or the smell of marijuana. Field sobriety tests may be administered to assess coordination and motor skills. A blood test might be given after this to provide a more definitive answer.
What makes a DUI a felony in North Carolina?
A DUI becomes a felony in North Carolina if it involves certain aggravating factors or repeated offenses. Specifically, if a person has been convicted of three or more DWIs within a 10-year period, the fourth DWI is charged as a felony, known as Habitual Impaired Driving. Additionally, a DUI can become a felony if it results in serious injury or death, as in cases of felony death by vehicle or felony serious injury by vehicle.
Understanding the Impact of Marijuana DWI Charges
In Raleigh, marijuana DWI charges carry serious consequences similar to those involving alcohol. North Carolina law prohibits driving under the influence of any impairing substance, including marijuana, and operates under a zero-tolerance policy for drug impairment. Without a legal THC limit, proving impairment relies on law enforcement observations and chemical tests, though these tests can be challenged in court.
Facing penalties such as license suspension, fines, and possible jail time, defending against marijuana DWI charges requires a thorough understanding of the legal process. Working with an experienced attorney can help you navigate the complexities of marijuana DWI laws and build a defense aimed at achieving the best possible outcome.
Contact Us Today for Marijuana DWI Lawyers
If you are facing a DWI charge, contact a knowledgeable DWI defense attorney at the Law Offices of J.M. Kotzker to ensure your rights are protected and you have the best chance of minimizing penalties or avoiding conviction.
Call us at 919-439-5104 or fill out the form to contact us now for immediate help.