Attorney
Most people associate driving while impaired (DWI) with alcohol. And while driving under the influence of alcohol can certainly lead to a ticket and criminal charges, so can anything that impairs driving. This includes cannabis and its well-known derivative, marijuana.
Were you cited for driving under the influence of cannabis or any other substance in Columbus or Hendersonville? If so, you will need exceptional legal defense to advocate for you and help avoid some of the most serious penalties of a DWI. Turn to Sheffron Law.
Is Cannabis Legal in NC?
Unlike many states, North Carolina still criminalizes cannabis – and severely. Possession of any amount is illegal, although if it is under 0.5 ounces it is punishable only by a fine. If the amount is over 0.5 ounces, possession is a felony that comes with steep penalties.
Even if cannabis were legal, however, it would still be illegal to drive while impaired because of it. Alcohol is legal, but driving drunk is against the law. So understanding a drug DWI is important to protecting your rights.
Drug Versus Alcohol DWI
Although any DWI is serious, and there are similarities between a drug- and alcohol-related DWI, there are important differences as well. Here is what drivers in Columbus and Hendersonville need to know:
- Legal limits: A driver with a blood alcohol concentration (BAC) of 0.08% or higher is automatically considered impaired. Conversely, you can be convicted of DWI if you have any amount of THC (the psychoactive compound in marijuana) in your system.
- Detection: It is far easier to detect alcohol in a driver’s system with the use of a breathalyzer test. Cannabis or marijuana detection is more challenging. Compounding this difficulty is the fact that marijuana only remains in the blood for a short amount of time.
- Impairment: The actual effects of alcohol versus drugs are different. Drinking results in slower reaction times, poor focus, and impaired judgment and coordination. By contrast, marijuana can cause hallucinations, impair brain function, and affect memory.
What Does the Prosecution Have to Prove?
The inability to easily detect marijuana in the bloodstream should not lead anyone to believe that law enforcement cannot charge someone with cannabis DWI. The prosecution has the burden of proving that the driver was impaired to the point of not being able to safely operate the vehicle. But there are several ways to do this.
For example, law enforcement in Columbus and Hendersonville may observe a driver drifting in and out of lanes, running stop signs, or driving far below the speed limit. Upon pulling the driver over, the officer may notice:
- Slurred speech
- Lack of focus
- Bloodshot eyes
- Dilated pupils
- Difficulty maintaining balance (especially if the driver takes a field sobriety test)
- Confusion or disorientation
- The smell of marijuana coming from inside the vehicle
On these bases, the officer may reasonably conclude that the driver is impaired due to cannabis, and arrest the driver for a drug DWI.
Consequences for Refusing a Test
An officer may administer one or more tests to determine if the driver is under the influence of drugs or alcohol. These may include a breathalyzer, blood draw, or urine test. While a driver can technically refuse to submit to one of these tests, it will cost them.
Because North Carolina is an implied consent state, drivers consent to blood, breath, and urine tests that can determine if they’ve consumed drugs or alcohol prior to or during driving. Refusal to take a test will lead to one-year driver’s license suspension.
Potential Penalties for a Cannabis DWI Conviction
If you are convicted of driving while impaired due to cannabis or marijuana use in Columbus or Hendersonville, the penalties you face could be substantial. They include:
- Fines: A fine could range upwards of thousands of dollars, depending on the circumstances of your case.
- Prison: The judge may sentence you to jail or prison for up to a period of two years.
- License suspension: You can also expect a one-year suspension of your driver’s license.
There are other consequences that you could experience down the road such as higher automobile insurance premiums, loss of other licenses (e.g. a professional license), and difficulty finding employment or housing due to having a criminal record.
Putting Together a Defense
Fortunately, you do have options for defending yourself against criminal charges. For instance, your attorney could argue:
- Lack of reasonable suspicion: This is the standard that police must meet before legally pulling over a driver for a potential DWI. If the officer had no justifiable basis for the initial traffic stop, you can challenge the arrest.
- No signs of impairment: Likewise, you can potentially contest whatever signs of impairment the officer claimed to have observed. For instance, there may be police bodycam footage indicating no slurred speech.
- Unreliable test results: An officer may administer a test to determine if you have cannabis or another drug or alcohol in your system, but the results may not be reliable. Officers can also improperly administer tests and interpret results.
The most important step you can take after a cannabis DWI is to retain knowledgeable legal representation. Find out why so many clients in Columbus and Hendersonville trust Sheffron Law. Get in touch with us to begin your legal defense.